MANJU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioners and the State.

(2.) Present writ application has been filed by the petitioners for quashing the first information report of Kadamkuan P. S. Case No. 716 of 2005 corresponding to G. R/No. 3911 of 2005 registered under Sections 307, 467, 468, 471, 420 and 120-B of the Indian Penal Code read with Sections 9, 9A, 9B, 9C and 9D, 13(1)(a), (b) and (c), 27(a), (b), (c) and (d), 27A and 28B of the Drugs and Cosmetics Act, 1940, and 13(1) of the Drugs (Control) Act, 1950. Further prayer of the petitioners is for direction to release the seized articles, such as manufactured medicines etc. seized by the Officer-in-Charge, Kadamkuan Police Station on 2-9-2005 from the factory premises of the petitioners.

(3.) On 1-9-2005 Officer-in-Charge of Kadamkuan Police Station in course of raid of some other factory premises manufacturing drugs, came to know about manufacturing of drugs at petitioners' premises and when petitioner No. 2 was absent from his factory premises a raid was conducted by the Officer-in-Charge of Kadamkuan Police Station. In course of raid several articles and medicines were seized. On the next date along with the Drugs Inspectors again factory premises of the petitioners was inspected and on the basis of self statement of the Officer-in-Charge of Kadamkuan Police Station first information report was drawn and registered bearing Kadamkuan P. S. Case No. 716 of 2005.