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2017 DIGILAW 981 (JHR)

Rahul @ Rahul Gupta v. State Of Jharkhand

2017-06-20

ANANDA SEN

body2017
JUDGMENT Ananda Sen, J. - The petitioners have challenged the order dated 15.02.2014 passed by the Sub-divisional Judicial Magistrate, East Singhbhum at Jamshedpur, in C2-412 of 2013. 2. A complaint was filed by the Drug Inspector, East Singhbhum at Jamshedpur, alleging several offences under the Drugs and Cosmetic Act, 1940. 3. After perusing the complaint, the Court below took cognizance of offence under several sections of the Drugs and Cosmetic act, 1940 and also took cognizance of the offence "under sections 65(5)(3)(1), 65(5)(1) and 65(6) of the IPC". 4. Counsel for the petitioners submits that the order taking cognizance shows nonapplication of mind as there is no such section as "under sections 65(5)(3)(1), 65(5)(1) and 65(6) of the Indian Penal Code". 5. Learned Addl. P.P. appearing on behalf of the State also cannot support the order. 6. Admittedly, there is no such sections in the Indian Penal Code. Thus, I find that the Court below without applying his mind took cognizance. Thus, the order taking cognizance dated 15.02.2014 is hereby set aside and the matter is remanded to the Court of S.D.J.M., Jamshedpur, to apply his mind and pass an appropriate order on the cognizance. It is expected that the Court below will be careful in future while taking cognizance and he should not pass mechanical order without applying his mind. 7. With the aforesaid observation, this application stands allowed.