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 Case Digest

Drugs and Cosmetics Act, 1940
Section 32—No bar under the Act against launching prosecution on the basis of the FIR lodged
Section 32—No bar under the Act against launching prosecution on the basis of the FIR lodged
in appropriate case said recourse may be taken - the learned Sessions Judge held that prima-facie no offence was made out against the petitioner under Section 420 of the Indian Penal Code though sufficient materials against the petitioner for framing the charge under Section 28-B of the Drugs & Cosmetics Act, 1940—the main ground taken by the petitioner in this revision application is that ‘Blood’ does not come within the purview of the Drugs & Cosmetics Act—Section 26-A of the Act empowers the Central Government to regulate, restrict or prohibit the manufacture, sale or distribution of any such drug or cosmetic, which is likely to involve any risk to human beings or animal etc., by issuing notification in the official gazette. Rule 78 of the Rules prescribes for conditions of license and ‘Schedule-F’ in ‘Part XII-B’ of the Rules framed thereunder, lays down blood Bank—there is no bar under Section 32 of the Act against launching the prosecution on the basis of the FIR lodged before the police, or on the basis of the investigations made and charge-sheet submitted by the police, and in appropriate cases the said recourse may always be taken to – no illegality and/ or irregularity in the impugned order passed by the Court below, worth interference in the revisional jurisdiction.
Arun Kumar vs. The State of Jharkhand, Jharkhand High Court at Ranchi, 2014 (1) Drugs Cases (DC) 348


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