GANESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anil Kumar Sinha, learned counsel for the petitioner and Mr. Deepankar, learned counsel for the State.

(2.) This petition has been filed for quashing of entire criminal proceeding in connection with Ratu P.S. Case No. 305/2019, registered under Sec. 420 of the Indian Penal Code and under Sec. 18(c), 22 (cca), 27 (B) (II) and 22 (3) of the Drugs and Cosmetic Act, 1940, pending in the Court of learned Additional Judicial Commissioner,-II, Ranchi.

(3.) Mr. Anil Kumar Sinha, learned counsel for the petitioner submits that the case has been lodged on the basis of complaint of Drug Inspector by the Officer-in-Charge, Ratu Police Station on 17/10/2019. He further submits that in the joint enquiry made by the team of Drug Inspector it was found that medicine was wrongly stored and for that the petitioner has not been able to produce any document. He further submits that in view of provision of Drugs and Cosmetics Act, 1940, only complaint shall be filed by the Drug Inspector who will proceed whereas in the case in hand police inspector has registered the case and investigated the matter. He further submits that this aspect of the matter is settled in the light of the judgment of the Hon'ble Supreme Court in the case of "Union of India Vs. Ashok Sharma and Others" (Criminal Appeal No. 200 of 2020 (S.L.P. (Criminal) No. 4178 of 2019)), wherein para 150 the Hon'ble Supreme Court has held as under:-