Uttarakhand High CourtHon'Ble Sharad Kumar Sharma vs Unknown on 4 May, 2023Author:Sharad Kumar SharmaBench:Sharad Kumar SharmaOffice Notes, reports,\n                   orders or proceedings\nSL.\n         Date        or directions and                   COURT'S OR JUDGES'S ORDERS\nNo\n                   Registrar's order with\n                         Signatures\n\n      04.05.2023                            C482 No. 867 of 2023\n                                            Hon'ble Sharad Kumar Sharma, J.Mr. Parikshit Saini, Advocate,\n                                            for the applicant.Mr. T.C. Aggarwal, Deputy\n                                            Advocate General, with Mr. Sachin\n                                            Panwar, Brief Holder for the State.The argument of the learned\n                                            counsel for the applicant is that the\n                                            proceedings of Criminal CaseNo. 1392\n                                            of 2020, " State vs. Amit Kumar Rai"would be vitiated for the reason being\n                                            that,     he    submits      that    the\n                                            investigation which was conducted by\n                                            the Inspector Police who would not be\n                                            an authority competent to investigate\n                                            as provided underSection 32of the\n                                            Drugs and Cosmetics Act, because the\n                                            reference of the word "Inspector"provided under the provisions ofSection 32of the Act would mean and\n                                            Inspector as defined underSection 21of the Drugs and Cosmetics Act. Since\n                                            in the instant case, the investigation\n                                            was carried by the police authority, the\n                                            entire investigation is vitiated right\n                                            from the inception of the proceedings.The aforesaid principle has beenlaid down bythe Hon'ble Apex Court in\n                                            the judgment as reported in AIR 2020\n                                            SC 5274 Union of India vs. Ashok\n                                            Kumar Sharma and others, under\n                                            the aforesaid principle has been laid\n                                            down in the said judgment in para-40\n                                            and para-150, (at this stage the said\n                                            principle is not being elaborated),\n which will be considered after inviting\nof the    counter affidavit  from the\nGovernment Advocate.The respondents, who are\nrepresented by the State may file their\ncounter affidavit within a period of\nthree weeks from today.Till the next date of listing,\nfurther proceedings of the Criminal\nCaseNo. 1392 of 2020, " State vs. Amit\nKumar Rai", pending consideration\nbefore the court of Additional Chief\nJudicial Magistrate, Laksar, District\nHardwar, would not be proceeded with.(Sharad Kumar Sharma, J.)\n                      04.05.2023\nNahid