| Headnote |
Drugs and Cosmetics Act, 1940 – ss.22(1)(d), 32 – Cognizableoffences under Chapter IV – Prosecution and arrest – Held: Inview of s.32 and the scheme of CrPC, Police Officers cannotprosecute offenders in regard to such offences – Only the personsmentioned in s.32 are entitled to do the same – A Police Officercannot register a FIR u/s.154, CrPC, investigate such offences underCrPC – In view of provisions of s.22(1)(d), an arrest can be madeby Drugs Inspector w.r.t such offences without any warrant andotherwise treating it as a cognizable offence – Further directionsissued – Code of Criminal Procedure, 1973 – s.154 – Constitutionof India – Arts.142, 21, 22(1), (2).Drugs and Cosmetics Act, 1940 – s.32, 18(a)(i), 27 – FIR foroffences u/ss.18(a)(i), 27 against respondent-owner of medical shop– Quashed by High Court holding that s.32 being the mechanismfor prosecuting offences must be scrupulously observed and noFIR can be registered under CrPC – Held: Impugned judgmentupheld – Code of Criminal Procedure, 1973.Drugs and Cosmetics Act, 1940 – Object of – Held: 1940Act purports to achieve the object of regulating the import,manufacture, distribution, sale of drugs and cosmetics.Drugs and Cosmetics Act, 1940 – Chapter III, IV, IV-A, V;ss.3(b), 3(e), 13, 18, 21, 22-27, 27A, 28, 28A, 28B, 29, 30-32, 32B,33H, 33M, 36, 36A, 36AB, 36AC, 36AD – Scheme of the Act –Discussed.Code of Criminal Procedure, 1973 – Chapters V, XI, XII, XIV,XV, XVI – ss.4(2), 41, 154-162, 167, 169, 170, 173, 177, 178, 190,193, 195, 198A, 199, 200, 202-204, 207-209 – Interplay betweenprovisions of CrPC and 1940 Act – Discussed – Drugs and CosmeticsAct, 1940 – ss.22, 32, 34AA, 36AC – Drugs and Cosmetics Rules –rr.49, 51, 52.Code of Criminal Procedure, 1973 – s.5 – Purport of – Held:Purport of s.5 is that if any special law or local law for the timebeing in force contemplates any special jurisdiction or power orany special form of procedure, unless something contrary is found,it is the provisions of the special law or the local law which wouldprevail.Drugs and Cosmetics Act, 1940 – s.2 – Purport of – Discussed– Dangerous Drugs Act, 1930 – Code of Criminal Procedure, 1973.Drugs and Cosmetics Act, 1940 – Chapter IV, s.32 – Held:s.32 declares that prosecution under Chapter IV can be institutedonly by an Inspector, any gazetted officer of Central Governmentor State Government authorised in writing by a general or specialorder, the person aggrieved and a recognised consumer associationwhether such person is a member of that association or not.Drugs and Cosmetics Act, 1940 – Cognizance of offences –Comparison between s.32, 1940 Act and s.190, CrPC – Discussed– Code of Criminal Procedure, 1973 – s.190.Code of Criminal Procedure, 1973 – Chapters XV, XVI –Held:Chapters XV and XVI must be followed in regard to even offencesfalling under Chapter IV, 1940 Act – Drugs and Cosmetics Act,1940 – Chapter IV.Code of Criminal Procedure, 1973 – s.202(1), (2) – Effect of– Discussed.Drugs and Cosmetics Act, 1940 – Cognizable offences underChapter IV – Duty of police officer u/s.154, CrPC irrespective ofimpact of territorial jurisdiction – Discussed – Code of CriminalProcedure, 1973 – s.154.Code of Criminal Procedure, 1973 – s.170 – Requirement forinvoking – Held: Cardinal requirement to invoke s.170 is availabilityof power with the Magistrate to take cognizance upon a policereport – This key requirement is absent in case of an offence fallingu/Chapter IV, 1940 Act– Drugs and Cosmetics Act, 1940.Drugs and Cosmetics Act, 1940 – s.22 – Powers of inspector– Discussed.Drugs and Cosmetics Act, 1940 – s.36AC – Held: Perusal ofs.36AC makes it clear that arrest is contemplated under the Act –Conditions have been imposed for grant of bail as enacted in s.36AC.Code of Criminal Procedure, 1973 – Power of arrest and bailunder – Chapters V, XXXIII; ss.41, 41A, 41B, 41D, 42, 43, 436,437, 439 – Discussed – Code of Criminal Procedure (Amendment)Act, 2008.Drugs and Cosmetics Act, 1940 – Offences u/Chapter IV notfalling u/s.36AC – Arrest – Held: In relation to such offences, thepower of arrest would depend upon the provision in the Scheduleto the CrPC – Code of Criminal Procedure, 1973.Drugs and Cosmetics Act, 1940 – s.34AA – Arrest not a groundfor visiting a delinquent Officer with penalty – Held: There is aresiduary power in s.34AA and it would cover any act.Drugs and Cosmetics Act, 1940 – Arrest by Drugs Inspectors– Requirement of reporting – Held: Drugs Inspectors must not onlyreport the arrests, as provided in s.58, CrPC, but also immediatelyreport it to their superior Officers – Code of Criminal Procedure,1973 – s.58. |
