Introduction:

In the case of Gaurav Chawla v. State of U.T. Chandigarh, Justice Manjari Nehru Kaul presided over a pivotal matter involving allegations under the Drugs and Cosmetics Act. The petitioner, Gaurav Chawla, faced charges for purportedly offering Remdesivir injections at prices exceeding regulated rates without the necessary licensing. The crux of the legal battle emerged from the police’s actions—conducting a raid, seizing alleged injections, and subsequently registering an FIR against Chawla and others involved.

Arguments of Both Sides:  

The petitioner’s senior counsel argued against the validity of the police’s actions, citing Section 22 of the Drugs and Cosmetics Act, which vests the power of search and seizure solely with the Drug Inspector. The defense contended that the allegations didn’t align with the essential elements of Section 420 of the IPC (Indian Penal Code), crucially lacking in proving deliberate false representation or intent to deceive.

Court’s Judgement:

Justice Kaul’s ruling established a significant precedent. The Court emphasized that police intervention in matters governed by the Drugs and Cosmetics Act was invalid. The Act’s provisions supersede those of the Cr.P.C. (Criminal Procedure Code) and Essential Commodities Act, explicitly denying police the authority to usurp the Drug Inspector’s role. The Court deemed the seizure and investigation conducted by the police as void, thereby quashing the FIR.