- (1.) Heard Sri Udai Bhanu Singh, learned counsel for the petitioner and Sri Deepak Mishra, learned A.G.A. for the State.
(2.) This Criminal Writ Petition has been filed with a prayer to quash the F.I.R. dated 22.06.2018 pertaining to Case Crime No. 0254 of 2018 under Sections 18(a)(i) and Section 27 of Drugs and Cosmetics Act, 1940 (to be referred from here onwards in short as Act), P.S. Mohammadabad, District Mau and simultaneously prayer is also made to issue a mandamus to not arrest the petitioner in pursuance of the said F.I.R.
(3.) As per the F.I.R., the facts of the case are that one Naushad Khan had made an online complaint, in pursuance of which, Commissioner (Food Protection and Drugs Administration) directed an enquiry to be held in respect of Sharda Narayan Clinic and Pharmacy which was conducted by Drug Inspector, Mau along with team of other Drug Inspectors i.e. Jai Singh and Shiv Kumar Nayak. In pursuance of the said direction for holding an enquiry, this team visited the said clinic at 01:00 p.m. on 22.06.2018 and after disclosing the reason why they had come, they entered the shop for the purpose of search. The person who was present in the shop i.e. Ashok Sharma (accused petitioner) was directed to show papers in respect of medicines which were stored in the said shop and licence was also directed to be shown for the sale of those drugs. The petitioner stated that he did not have any licence although he was owner of the said medical store and, therefore, it was found that he had stored the medicines without having proper licence and, thus, was found to have committed an offence under Section 18/27 of the Act. Form No. 16 was got executed in respect of the available drugs and also sample was collected with respect to the medicines and all the medicines were kept in a sack and, thereafter, the said sack was sealed on the spot. Form Nos. 17, 17-A and 18 were prepared on the spot. One copy each of the Form 17A and 17 were provided to the petitioner and a copy of the Form 16 was also provided to him and his signatures were obtained for having received those forms, thereafter, after the said recovery having been made from the petitioner, F.I.R. was lodged on the same day i.e. on 22.06.2018 at 18:46 hours at P.S. Mohammadabad, District Mau.;