Police can’t deal with cases under chapter IV of Drugs and Cosmetics Act: SC

Tribune News Service

New Delhi, August 29

Police officers can’t register FIRs, arrest, prosecute or investigate in regard to Cognizable offences under Chapter IV of the Drugs and Cosmetics Act, 1940 which deals with manufacture, sale and distribution of drugs and cosmetics, the Supreme Court has ruled.

A Bench headed by Justice Sanjay Kishan Kaul, however, said its ruling “that Police Officers don’t have power to arrest in respect of cognizable offences under Chapter IV of the Act, will operate with effect from the date of this Judgment”.

The important verdict having serious implications for drug cases being investigated by police came on an appeal filed by the Centre challenging a verdict of the Allahabad High Court which had quashed an FIR registered by police with respect to an offence registered under Drugs and Cosmetics Act.

The top court said in regard to cognizable offences mentioned under Chapter IV of the Act arrests can be made by the Drugs Inspector without any warrant and otherwise treating it as a cognizable offence.

Taking note of the fact that police have registered many cases in regard to cognizable offences under Chapter IV of the Act, the court directed that such cases should be made over to the Drugs Inspectors, if not already done, for further action in accordance with the law.

“In regard to cognizable offences under Chapter IV of the Act, in view of Section 32 of the Act and also the scheme of the CrPC, the Police Officer cannot prosecute offenders in regard to such offences. Only the persons mentioned in Section 32 are entitled to do the same,” said the Bench which also included Justice KM Joseph.

However, the top court made it clear that there was no bar on police officers to investigate and prosecute a person where he has committed an offence, as stated under Section 32(3) of the Act, i.e., if he committed any cognizable offence under any other law.