Bharat Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46526 of 2014 Arising Out of PS.Case No. -26 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR =========================================================== Bharat Prasad Singh Son of Late Chandrika Singh Resident of Balu Ghat (Near Jangli Mai Asthan), P.S. - Town (Muzaffarpur), District - Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party =========================================================== Appearance :
For the Petitioner/s : Mr. Manendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. B.M.P. Sinha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 01-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Order taking cognizance has been passed by learned Chief Judicial Magistrate, Muzaffarpur in Complaint Case No. C-26/2012/Tr. No. 3927/2012 under Section 27(a), 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940.
Submission of learned counsel for the petitioner is that for the same allegation earlier a First Information Report was lodged by the Drug Inspector, but, in course of investigation in the said case, no material could be collected, and for that reason, he was released from custody. The petitioner has not been sent up for trial in the said police case.
On the other hand, learned counsel representing the State submits that by virtue of Section 32 of the Drugs and Cosmetics Act, 1940, the offences alleged have been rightly brought before the court of learned Chief Judicial Magistrate, Muzaffarpur, by way of complaint
Patna High Court Cr.Misc. No.46526 of 2014 dt.01-11-2017 petition and the learned Chief Judicial Magistrate, Muzaffarpur, being prima facie satisfied with the allegation constituting the offence alleged under Section 27(a), 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940, has taken cognizance. No infirmity or illegality may be found with the said order at this stage.
Having considered the rival submission, this court is of the considered opinion that the complaint case filed by the Drug Inspector is in accordance with Section 32 of the Drugs and Cosmetics Act, 1940 and the cognizance has been taken by the learned Chief Judicial Magistrate, Muzaffarpur on the basis of the prosecution report submitted by the Drug Inspector, who is competent to file the complaint case, no illegality may be found with the same. This application has no merit. It is dismissed. (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.11.2017 Transmission Date 02.11.2017