Neutral Citation No. - 2025:AHC:102736 Court No. - 77 Case :- APPLICATION U/S 482 No. - 31914 of 2024 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Dinesh Kumar Gupta, learned counsel for applicant and learned AGA for the State-respondent. 2. The present application under Section 482 Cr.P.C. has been preferred for seeking quashing of chargsheet No.147 of 2018 dated 27.06.2018 submitted in Case No.2241 of 2021 (State Vs. Dharmendra Kumar), arising out of Case Crime No.193 of 2018, under Section 18-C, 27 of Drugs and Cosmetics Act, 1940, P.S. Syana, District Bulandshahar along with entire proceedings of the said case and cognizance order as well as NBW order dated 26.02.2024, pending in the court of learned Additional Civil Judge (S.D.)/ACJM, Court No.1, Bulandshahar. 3. Learned counsel for applicant submitted that an FIR bearing Case Crime No.193 of 2018, under Section 18-C, 27 of Drugs and Cosmetics Act, 1940 was lodged by opposite party no.2 against applicant in pursuance of alleged incident dated 01.06.2018 wherein chargesheet has been preferred on dated 27.06.2018 whereupon cognizance of offence has also been taken by learned court concerned. Learned counsel for applicant further submitted that Section 32 of Drugs and Cosmetics Act, 1940 bars the prosecution of applicant on a police report submitted in pursuance of the FIR hence cognizance taken on its basis by learned court concerned may be liable to be quashed as the cognizance of offence can only be taken on a complaint if preferred by an authorized person. Learned counsel for applicant also submitted that after lodging of the present FIR, opposite party no.2 also preferred a complaint bearing Complaint Case No.23 of 2019 (State Vs. Dharmendra Kumar), under Section 18/27, 18A/28 of Drugs and Cosmetics Act, 1940 in pursuance of same cause of action and as such, applicant cannot be permitted to face two trial for the same offence, therefore, entire proceedings of the present case may be quashed. It has also been submitted by learned counsel for applicant that Government Order dated 31.01.2018 has also been issued in light of the order dated 02.08.2018 passed by Division Bench of this Court in Crl. Mis. Writ Petition No.20338 of 2018 that only complaint will be filed for the offence committed under Drugs and Cosmetics Act, 1940 as per Section 32 of the said Act. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but did not dispute the arguments raised by learned counsel for applicant. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that as per Section 32 of the Act 1940, an authorized person can file complaint for an offence committed under Drugs and Cosmetics Act, 1940 and no cognizance of offence can be taken on a police report submitted in pursuance of the FIR. Moreover, after registration of the FIR, complaint case has also been preferred by opposite party no.2 arising from the same cause of action which is still pending to be decided finally wherein applicant is already participating. 6. In view thereof, chargsheet No.147 of 2018 dated 27.06.2018 submitted in Case No.2241 of 2021 (State Vs. Dharmendra Kumar), arising out of Case Crime No.193 of 2018, under Section 18-C, 27 of Drugs and Cosmetics Act, 1940, P.S. Syana, District Bulandshahar along with entire proceedings of the said case and cognizance order as well as NBW order dated 26.02.2024, pending in the court of learned Additional Civil Judge (S.D.)/ACJM, Court No.1, Bulandshahar, are hereby quashed. 7. Accordingly, the instant application is allowed. Order Date :- 1.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad