BASUDEO GUPTA Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the State.

(2.) The petitioner challenges the order of cognizance dated 16.9.2002 and the entire proceedings against him in Sheikhpura PS Case No. 143 of 2002 corresponding to GR Case No. 317 of 2002 pending before the SDJM, Sheikhpura. The prosecution having been initiated under Sections 18(c), 27 and 27A of the Drugs and Cosmetic Act, 1940 read with Section 120B of the Indian Penal Code.

(3.) An FIR came to be lodged on 24.2.2002 by the Deputy Superintendent Sub-Divisional Hospital, Sheikhpura, Munger, alleging that several medicines shops were running in Sheikhpura district town area without statutory licences. A list of such shops was enclosed on the basis of information available with the Chief Medical Officer with a request to initiate legal proceedings by registering an FIR. The FIR was stated to be lodged in pursuance of the confidential letter dated 10.4.2002 issued by the officer of the Deputy Collector, Incharge Collectorate, Sheikhpura addressed to the Civil Surgeon-cum-Chief Medical Officer which was enclosed by the Chief Medical Officer to the effect that it appeared that the shops were running illegally in connivance with the Drug Inspector.