Case Note & Summary
The applicant, Dr. Dilip Pundalik Patil, a medical practitioner, was arraigned as accused No.2 in Regular Criminal Case No.116 of 2013 pending before the Chief Judicial Magistrate, Jalgaon, for offences under Section 18(c) punishable under Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940. The applicant filed the present application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the proceedings on the ground that no valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940 was obtained prior to the filing of the complaint. The court examined the provisions of Section 32 of the Act, which mandates that no prosecution for an offence under the Act shall be instituted except by or with the written consent of the Central Government, State Government, or an authorized officer. The court found that the complaint did not disclose any such sanction, and the proceedings were therefore void ab initio. The court allowed the application, quashed the proceedings, and discharged the applicant.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Lack of Sanction - Section 32 of Drugs and Cosmetics Act, 1940 - The applicant, a medical practitioner, was arraigned as accused No.2 in Regular Criminal Case No.116 of 2013 for offences under Section 18(c) punishable under Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940 - The court held that prior sanction under Section 32 of the Act is mandatory before taking cognizance, and in the absence of such sanction, the proceedings are void ab initio - The proceedings were quashed (Paras 3-6).
Issue of Consideration
Whether the criminal proceedings against the applicant can be quashed for want of valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940?
Final Decision
The application is allowed. The proceedings in Regular Criminal Case No.116 of 2013 pending before the Chief Judicial Magistrate, Jalgaon, are quashed. The applicant is discharged.
Law Points
- Sanction under Section 32 of Drugs and Cosmetics Act
- 1940 is mandatory before taking cognizance of offences
- Lack of valid sanction renders proceedings void ab initio
- Prosecution cannot be sustained without prior sanction
Case Details
2017 LawText (BOM) (12) 39
Criminal Application No.2535 of 2017
Mr. Naseem R. Shaikh for Applicant, Mr. K.S. Patil APP for Respondents
State of Maharashtra and Dr. Anil M. Manikrao
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Nature of Litigation
Criminal application under Section 482 of CrPC for quashing of proceedings in Regular Criminal Case No.116 of 2013
Remedy Sought
Quashing of criminal proceedings against the applicant for offences under the Drugs and Cosmetics Act, 1940
Filing Reason
No valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940 was obtained prior to filing the complaint
Issues
Whether the criminal proceedings against the applicant can be quashed for want of valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940?
Submissions/Arguments
The applicant argued that no valid sanction under Section 32 of the Drugs and Cosmetics Act, 1940 was obtained prior to the filing of the complaint, rendering the proceedings void ab initio.
The respondent State opposed the application, but the court found that the complaint did not disclose any sanction.
Ratio Decidendi
Prior sanction under Section 32 of the Drugs and Cosmetics Act, 1940 is mandatory before taking cognizance of offences under the Act. In the absence of such sanction, the prosecution is void ab initio and cannot be sustained.
Judgment Excerpts
The applicant is arraigned as accused No.2 in Regular Criminal Case No.116 of 2013... for offences u/s 18(c) punishable under Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940.
Section 32 of the Drugs and Cosmetics Act, 1940 mandates that no prosecution for an offence under the Act shall be instituted except by or with the written consent of the Central Government, State Government, or an authorized officer.
In the absence of such sanction, the proceedings are void ab initio.
Procedural History
The applicant filed Criminal Application No.2535 of 2017 under Section 482 of CrPC before the High Court of Bombay at Aurangabad seeking quashing of Regular Criminal Case No.116 of 2013 pending before the Chief Judicial Magistrate, Jalgaon. The application was heard and disposed of finally on 20th December 2017.
Acts & Sections
- Drugs and Cosmetics Act, 1940: 18(c), 27(b)(ii), 32
- Code of Criminal Procedure, 1973: 482
