Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application to quash the FIR is dismissed; the FIR stands.
Summary
The petitioners, four individuals apprehended during a police raid on Chandramohan Singh's house where large quantities of cough syrups containing codeine were seized, filed an application to quash the FIR registered under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the seized items were medicines falling under the Drugs and Cosmetics Act, that they were merely unloading cartons without knowledge of the contents, and that they had already been granted bail, making continued detention unwarranted. The State opposed, pointing out that a charge‑sheet had been filed and cognizance taken, and that the petitioners should challenge the cognizance order instead. The Court observed that the investigation was complete, cognizance had been taken, and the stage of proceedings had progressed, rendering the FIR incapable of being quashed. Consequently, the application was dismissed as devoid of merit.
Issues considered
- Whether an FIR registered under Section 30(a) of the Bihar Prohibition and Excise Act can be quashed when investigation is complete and cognizance has been taken.
- Whether the seizure of cough syrups containing codeine falls under the Bihar Prohibition and Excise Act or the Drugs and Cosmetics Act.
Legislation cited
Subjects
- FIR quash
- Section 30(a)
- Bihar Prohibition and Excise Act
- Drugs and Cosmetics Act
- cognizance
- investigation complete
- seizure of contraband drugs
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76356 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
1. Dharmendra Kumar Son of Kameshwar Raut Resident of Village- Manpur,
Kurmi Tola, manpur, Ps- Mufassil, Dist- Gaya
2. Mohit Kumar son of Bigan Prasad @ vigan Prasad Resident of Village-
tekari road, dhami tola, Purushottam Das Lane, Murarpur Road Gaya, ps-
kotwali, Dist- Gaya
3. Gaurav Kumar Son of Late Arun Prasad Resident of Village- Chhotaki
Nawada, Gandhi Chowk, PS- Delha, Dist- Gaya
4. Ashish Kumar @ Ashish Kumar Lohani son of Sri Ajay Lohani Resident of
Village- Chhotaki Nawada, Gandhi Chowk, PS- Delha, Dist- Gaya
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Ajit Kumar Ojha, Advocate
For the Opposite Party : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
CAV ORDER
3 27-04-2026 The present application has been filed for quashing
of First Information Report (FIR) of Gaya Kotwali P.S. Case
No. 21 of 2025, registered for the offence under Section 30(a) of
the Bihar Prohibition and Excise Act.
2. The prosecution case, in brief, is that the informant,
who is Sub Inspector of Police, under the direction of the
S.H.O., went along with the police party to Gangamahal Tutwari
and raided the house of one Chandramohan Singh. They saw
four persons keeping cartons inside a room. On seeing the police
party, the aforesaid four persons tried to flee away, however,
they were apprehended. On being asked, they disclosed their
Patna High Court CR. MISC. No.76356 of 2025(3) dt.27-04-2026
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names as Rohit Kumar, Dharmendra Kumar, Mohit Kumar and
Sujal Kumar. Thereafter, for search of the room, the informant
tried to find out two independent witnesses, however, as none
was ready, treating the constables of the police party to be
witnesses, search of the room was made, wherefrom 106 cartons
of Onerex Cough Syrup (codeine Phosphate & Tgriprolidine
Hydrochloride Syrup) each carton containing 120 bottles of of
100 ml syrup, totaling 1272 liter, 113 cartons of Wincerex
Cough Syrup each carton containing 120 of 100 ml. totaling
1356 liters were seized. No documents were produced upon
demand from the apprehended persons. Thereafter, a seizure list
was prepared. From adjacent room, large amount of physician
samples medicines were also recovered for which due action
was sought to be taken by the Drug Inspector. Since Codeine
and Dextropropoxyphene come under the purview of Bihar
Prohibition and Excise Act as contraband drugs, the present FIR
under Section 30(a) of the Bihar Prohibition and Excise Act
came to be registered.
3. Learned counsel for the petitioners has submitted
that the case has wrongly been registered under the provisions of
Bihar Prohibition and Excise Act, whereas the alleged recovery
is of the consignments of medicines and the offence, if any,
Patna High Court CR. MISC. No.76356 of 2025(3) dt.27-04-2026
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would fall under the provisions of Drugs and Cosmetics Act,
since even as per the prosecution case, total 2628 liters of
Onerex and Wincerex Cough Syrup were recovered from the
house of Chandramohan Singh. It has further been submitted
that the petitioners have been granted the privilege of bail by a
coordinate Bench of this Court, hence the accusations as
levelled against the petitioners were not of such a grave nature,
warranting petitioners continued detention. It has also been
submitted that the petitioners were merely involved in unloading
the cartons without having the knowledge of their contents and
the seized medicines have been released in favour of S.R.
Traders, the actual owners of the medicines in question. The
actual owners had valid invoices in their favour. Learned
counsel for the petitioners also submitted that the FIR itself be
quashed as no offence under Section 30(a) of the Bihar
Prohibition and Excise Act is made out.
4. Learned counsel for the State vehemently opposed
the prayer of the petitioners and has submitted that though the
petitioners are seeking quashing of the FIR, while from the
record itself it would emerge that after investigation, charge-
sheet has been submitted and the cognizance of the offences has
been taken against the petitioners. The petitioners ought to have
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challenged the cognizance order.
5. Heard learned counsel for the petitioners, learned
counsel for the State and perused the records.
6. The petitioners have challenged the FIR, while the
investigation is complete and cognizance has been taken.
Moreover, the stage has now considerably been changed and
hence in the present facts and circumstances, the FIR cannot be
quashed.
7. This application is devoid of merit and is
accordingly dismissed.
(Praveen Kumar, J)
Pawan/-
AFR/NAFR NAFR
CAV DATE 07.04.2026
Uploading Date 27.04.2026
Transmission Date 27.04.2026
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