SATENDRA KUMAR SARAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed to quash the first information report registered as Raxaul P.S. Case No. 119/2006 thereby on the basis of Fardbeyan lodged by Drug Inspector and case under Sections 18(C), 27(3) (II) of Drugs and Cosmetics Act, 1940 has been registered against the petiioner.

(2.) Heard learned counsel for the petitioner as well as the State.

(3.) The only submission of learned counsel for the petitioner is that it has been repeatedly held by this Hon ble Court that the police has no power to register a case under the provision of Drugs and Cosmetics Act and make investigation. In support of it, learned counsel has relied upon the decisions of this Hon ble Court passed on 13.7.2000 in Cri.W.J.C. No. 371 of 2006 as well as order dated 22.3.2006 passed in Cri.W.J.C. No. 42 of 2006.