AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties.
Petitioner, by means of this application under section
482 of the Code of Criminal Procedure, have invoked the inherent
jurisdiction of this Court with prayer to quash the order dated
30.12.2012, passed by Chief Judicial Magistrate, Nalanda at
Biharsharif, in Laheri P.S. Case No. 138 of 2012, G.R. No. 1950 of
2012, whereby cognizance has been taken against the petitioners for
the offences under sections 18(c), 27(b), (ii), 18(a), 28, 28(a) of the
Drugs and Cosmetics Act, 1940.
The contention of the learned counsel for the petitioner
is that after the prosecution was launched on the complaint of a Drug Inspector but investigation of the case was carried out by the police
which was against the provisions of Section 22(i) of the Act. Learned
counsel has relied upon a Division Bench decision of this Court
dated 21.01.2011 passed in Cr. W.J.C. No. 719 of 1998 and 808 of
1998 on the said point.
In view of express adjudication of this issue, the
application is allowed and the order taking cognizance dated
30.12.2012 passed by the Chief Judicial Magistrate, Nalanda at
Biharsharif in G.R. No. 1950 of 2012 arising out of Laheri P.S. Case
No. 138 of 2012 is, hereby quashed.
The application accordingly stands allowed.