Case Note & Summary
The petitioner, Avadhesh Mukutbihari Sharma, a resident of Jaipur, Rajasthan, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India seeking quashing of FIR No.334/2016 registered at CIDCO Police Station, Aurangabad, and the consequential Charge Sheet No.301/2017 pending before the Judicial Magistrate First Class, Aurangabad. The facts reveal that on 2 November 2015, the Drug Controlling Authority, Jaipur, conducted a raid on the petitioner's premises in Jaipur, finding drugs, manufacturing machinery, and packing materials. The labels on the drugs falsely indicated manufacture by M/s Avya Health Care, Rudrapur, which was found non-existent. The Jaipur police registered a crime and arrested the petitioner. Subsequently, the Aurangabad police registered the impugned FIR based on information from the Jaipur police, alleging offences under the Drugs and Cosmetics Act, 1940 and the Indian Penal Code, 1860. The petitioner argued that the Aurangabad police lacked territorial jurisdiction as the entire incident occurred in Jaipur. The court analyzed the provisions of Section 155 of the Code of Criminal Procedure, 1973, which requires prior sanction for investigation of non-cognizable offences outside jurisdiction. The court held that the Aurangabad police had no jurisdiction to investigate the matter without such sanction, and the FIR was liable to be quashed. The court allowed the petition, quashing the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Section 155 CrPC - Lack of Sanction - FIR registered at Aurangabad for offences allegedly committed in Jaipur, Rajasthan - Held that the police in Aurangabad had no jurisdiction to investigate the matter without prior sanction under Section 155 CrPC, as the offence was not cognizable within their jurisdiction (Paras 1-10). B) Drugs and Cosmetics Act - Quashing of FIR - Lack of Territorial Jurisdiction - Petitioner's premises in Jaipur raided by Rajasthan Drug Controlling Authority, drugs and machinery seized - FIR registered in Aurangabad based on information from Jaipur police - Held that the entire cause of action arose in Jaipur, and the Aurangabad police lacked jurisdiction to investigate (Paras 2-10).
Issue of Consideration
Whether the FIR registered at Aurangabad police station for offences under the Drugs and Cosmetics Act, 1940 and the Indian Penal Code, 1860 is maintainable when the alleged incident occurred entirely within the territorial jurisdiction of Jaipur, Rajasthan.
Final Decision
The petition is allowed. FIR No.334/2016 registered with CIDCO Police Station, Aurangabad and the consequential Charge Sheet No.301/2017 pending before the Judicial Magistrate First Class, Aurangabad are quashed.
Law Points
- Territorial jurisdiction
- Lack of sanction under Section 155 CrPC
- Quashing of FIR under Articles 226 and 227 of Constitution of India
