KANKANADY HOMEO HALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner Rameshwar Sah @ Rameshwar Prasad Sah for quashing the First Information Report (for short 'FIR') of Hajipur Town P.S. Case No.451 of 2019 registered under Sections 276 and 188 of the Indian Penal Code (for short 'Code') and Rule 106B of the Drugs and Cosmetics Rules 1945 (for short 'Rules').

(2.) The informant of the case is one Seema Kumari, Drug Inspector, Vaishali. In her written report dated 17.05.2019 submitted to the Officer-in-charge, Town Police Station,Hajipur, Vaishali, she has stated that in view of direction given by the Assistant Drug Controller, Vaishali, Hajipur vide his letter no. 1603 dated 15.05.2019, a joint inspection was conducted by her along with the officers of the Excise Department in the premises of Kankanady Homeo Hall situated at Kuthchehry Road, Hajipur, Vaishali. She has further stated that the proprietor (petitioner) is the licensee. During the inspection of the aforestated Homeo Hall, five bottles containing 450 ml each Hepar Sulphur of Wheezal Laboratories Pvt. Ltd. were recovered. It is alleged that sale of Hepar Sulphur in bottle of 450 ml is prohibited and any violation of the same would be contrary to Rule 106-B of the Rules.

(3.) On the basis of the aforesaid information, Hajipur Town P.S. Case No.451 of 2019 dated 20.05.2019 was registered and investigation was taken up.