Pawan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11524 of 2021 Arising Out of PS. Case No.-762 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== Pawan Kumar Sharma Son Of Late Bhikken Lal Sharma Resident Of 12/9 Ashirwad Enclave, P.S.- Dehradun, District- Dehradun, (Uttarakhand) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE DRUG INSPECTOR, KHAGARIA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mrs. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2025 Heard the parties.

2. The Drug Inspector, Khagaria has appeared before this Court.

3. The present application has been filed for quashing the F.I.R. arising out of Khagaria P.S. Case No. 762/2019, registered u/ss 274/275/276/419/420 of the Indian Penal Code and Section 22(b) of Drug & Cosmetic (Amendment) Act and Section 27(B)(II)/27(C)/28/28(a) of the N.D.P.S. Act, 1985.

4. As per prosecution case, the informant alleges that in course of inspection, Wiscof Cough Syrup 100 ml. was found in the Farkia Drug Agency. The alleged drug has been seized in presence of independent witness. The seized cough syrup is manufactured by M/S Winddlas Biotech (Pvt.) Ltd. Non production of purchase Memo & drug license mounts to violation of Drugs & Cosmetic Act. Hence, the informant

Patna High Court CR. MISC. No.11524 of 2021(11) dt.01-05-2025 2/2 lodged an F.I.R.

5. There is no allegation against the petitioner in the F.I.R. The Drug Inspector, Khagaria has said that the petitioner was never made accused in this case. When the petitioner was not made accused, the petitioner cannot be tried in connection with the alleged crime. He is the Director of the Company which have been manufacture the Codeine Cough Syrup which was seized in the market and the some other accused i.e. local dealer and other criminals have been made accused.

6. In these circumstances, this application is allowed. It is held that the prosecution of the petitioner in connection with present case is illegal.

7. The further proceeding as against the petitioner in connection with Khagaria P.S. Case No. 762/2019 is hereby quashed.

8. So far as other accused are concerned, they will face the trial.

9. Supplementary affidavit filed by learned APP is taken on record.

(Sandeep Kumar, J) Ranjeet/- U T