Quashing Of Complaint Case Under Drugs And Cosmetics Act

Question

Quashing Of Complaint Case Under Drugs And Cosmetics Act

31-Jul-2024 (In Criminal Law)

DRUG AND COSMETICS ACT A raid was conducted in medical shop and licence was expired due to death of proprietor and i was arrested A fir was lodged by raiding team under drugs and cosmetics act with few sections cause not having a valid drug licence. After two months local drug inspector filed a complaint case of same incident with same section on basis of fir and police report. Drug controller give permission/sanction to file prosecution against firm and others but drug inspector filed only against a person. After that in a revision cognizance of fir is set aside by revisional court due to fir is barred under section iv of this act. Please give a legal advice to quash complaint case.

Answers (4)

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Adv. Anurag Jangra Adv. Anurag Jangra

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-07-31T20:54:19+05:30

Answer #2

The quashing of the said FIR can only be done by the High Court. In the petition you need to annex the certified true typed and also true translated copies of the FIR and other relevant documents. For more legal assistance I am just a call away.

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Advocate Vinay Redhu LawRato · Accepted Answer · 2024-08-01T09:57:09+05:30

Answer #3

Approach your concerned high court under sec 528 of BNSS for getting your FIR quashed so that you might not be unnecessarily harassed by the police officials . Court will call report front the IO AND will give the judgement in few proceedings

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Advocate Qausar Khan LawRato · Accepted Answer · 2024-09-16T16:16:54+05:30

Answer #4

Based on the facts you've shared, the FIR has been set aside by the revisional court under Section IV of the Drugs and Cosmetics Act, which suggests the FIR itself was not maintainable. Since the complaint case filed by the drug inspector is based on the same incident and sections, it might also be subject to quashing. To quash the complaint, you can argue that since the FIR has already been set aside, filing a separate complaint for the same incident would amount to double jeopardy or abuse of process. Additionally, since the sanction for prosecution was given against the firm and others, but the complaint is filed only against one person, this inconsistency could be challenged. We have handled similar matters and successfully filed for quashing in cases where the complaint or FIR was legally unsustainable. However, a detailed review of the FIR, complaint, and the court’s revisional order is necessary to build a strong argument for quashing. Please share all relevant documents so we can proceed with drafting the quashing petition in your case and ensure a solid legal approach for your defense.

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