JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with the prayer to quash the entire criminal proceeding against the petitioner including the order taking cognizance dated 22.08.2020 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with Korrah P.S. Case No. 97 of 2020, corresponding to Drugs and Cosmetics Case No. 02 of 2020, whereby and where under the learned Additional Sessions Judge-II, Hazaribagh has taken cognizance of the offence punishable under Section 414 /34 of the Indian Penal Code and under Section 27(b)(ii) of the Drugs & Cosmetics Act, 1940 consequent upon submission of chargesheet in respect of the said offences by the police in connection with Korrah P.S. Case No. 97 of 2020. 3. The brief fact of the case is that the F.I.R. of Korrah P.S. Case No. 97 of 2020 was lodged by the Probationer Police Sub-Inspector contending therein that the petitioner and his associates were riding a motorcycle and when the informant-police officer instructed them to stop, they stopped and on verification it was found that though the engine of the motorcycle was of Hero Honda make but the petrol tank of the motorcycle was of passion plus make. It appeared that efforts were made to clear the chassis number and engine number. The petitioner was taken to the police station along with the motorcycle and from the motorcycle tool box, chlorpheniramine maleate and codeine phosphate syrup 100 ml of Ownrex company which is cough syrup of two bottles, one chillam used to consume ganja and two tablets of Nitrosun which is an intoxicant were seized and it was alleged that the petitioner in furtherance of common intention with the co-accused persons were assisting in concealment of stolen property as well as stocking for sell of drugs without a valid licence. 4. Police took up investigation of the case and after completion of investigation found the allegation to be true and submitted charge sheet and basing upon the same, learned Additional Sessions Judge-II, Hazaribagh has taken cognizance of the offences as already indicated above. 5. It is submitted by the learned counsel for the petitioner relying upon the Judgment of Hon’ble Supreme Court of India in the case of Union of India Vs. Ashok Kumar Sharma & Ors. 5. It is submitted by the learned counsel for the petitioner relying upon the Judgment of Hon’ble Supreme Court of India in the case of Union of India Vs. Ashok Kumar Sharma & Ors. , reported in (2021) 12 SCC 674 , para -170.3 of which reads as under:- “170.3. Having regard to the scheme of CrPC and also the mandate of Section 32 of the Act and on a conspectus of powers which are available with the Drugs Inspector under the Act and also his duties, a police officer cannot register an FIR under Section 154CrPC, in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of CrPC.” that it is a settled principle of law that having regard to the scheme of Code of Criminal Procedure and also the mandate of Section 32 of the Drugs and Cosmetics Act and on a conspectus of powers which are available with the Drugs Inspector under the Drugs and Cosmetics Act and also his duties, a police officer cannot register an F.I.R. under Section 154 of Cr.P.C. with regard to cognizable offences under Chapter-IV of the Drugs and Cosmetics Act, 1940 and cannot investigate such offences under the provisions of Code of Criminal Procedure. 6. It is next submitted by the learned counsel for the petitioner that as in this case, police registered the F.I.R. and investigated the offence punishable under Section 27(b)(ii) of the Drugs & Cosmetics Act, 1940, so neither the F.I.R. nor the consequent action of investigation, submission of charge sheet, cognizance order, order of framing of charge, so far as it relates to the offences punishable under Section 27 (b)(ii) of the Drugs & Cosmetics Act, 1940 is sustainable in law. Hence it is submitted that the same be quashed and set aside. 7. The learned counsel for the State on the other hand fairly submits that the police has committed an error in registering the F.I.R. in a case involving the penal provisions of the Drugs & Cosmetics Act, 1940 but opposes the prayer to quash the entire criminal proceeding as there is no illegality in proceeding with the case in respect of the offence punishable under Section 414 /34 of the Indian Penal Code. 8. 8. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that as has categorically been held by the Hon’ble Supreme Court of India in the case of Union of India Vs. Ashok Kumar Sharma & Ors. (supra), the law is well settled that a police officer cannot register an F.I.R. under Section 154 of Cr.P.C. in respect of the cognizable offences under Chapter-IV of the Drugs & Cosmetics Act, 1940 and cannot investigate such offences under the provisions of Code of Criminal Procedure but in this case in- disputedly, the Officer-in-Charge of Korrah Police Station has just done that, hence this Court has no hesitation in holding that the F.I.R. and the consequential action is liable to be quashed so far as the offence punishable under Section 27(b)(ii) off the Drugs and Cosmetics Act, 1940. 9. Accordingly, the entire criminal proceeding including the order taking cognizance dated 22.08.2020 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with Korrah P.S. Case No. 97 of 2020, corresponding to Drugs and Cosmetics Case No. 02 of 2020 so far as it relates to Section 27 (b)(ii) of the Drugs and Cosmetics Act, 1940 is quashed and set aside against the petitioner and it is made clear that the proceeding including evidence if any recorded, so far will continue and will be maintainable so far as the same relates to any penal provision of law including the penal provisions of the Indian Penal Code. 10. In the result, this criminal miscellaneous petition is allowed.