ANANT BIJAY SINGH,J. - (1.) Petitioner is apprehending his arrest in connection with Sadar P.S. Case No. 233 / 2016 corresponding to G.R. No. 1640/2016, registered under Section 18 (C)(A) and Section 27 (b)(ii) of the Drugs and Cosmetic Act, 1940 read with Drugs and Cosmetic Rules, 1945 and Section 420 of the I.P.C., lodged on the basis of one written report given by Bikash Kumar, Drug Inspector, Palamau.
(2.) Learned counsel for the petitioner has submitted that petitioner is a registered medical practitioner from the Council of Unemployed Rural Medical Practitioners and the drug which have been recovered was not used on any person.
(3.) It is submitted that in term of section 32 of the Drugs and Cosmetics Act, no prosecution under this Chapter shall be instituted except upon complaint by - (a) an Inspector; or (b) any Gazetted Officer of the Central Government or a State Government authorized in writing in this behalf by the Central Government or a State Government by a general or special order made int his behalf by that Government; or (c) the persons aggrieved; or (d) a recognized consumer association whether such person is a member of that association or not. ;