Tribune News Service
New Delhi, August 29
Police officers can’t register FIRs, arrest, prosecute or examine in regard to Cognizable offences below Chapter IV of the Drugs and Cosmetics Act, 1940 which offers with manufacture, sale and distribution of medication and cosmetics, the Supreme Court has dominated.
A Bench headed by Justice Sanjay Kishan Kaul, nonetheless, mentioned 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 necessary verdict having severe implications for drug instances being investigated by police got here on an enchantment filed by the Centre difficult a verdict of the Allahabad High Court which had quashed an FIR registered by police with respect to an offence registered below Drugs and Cosmetics Act.
The high courtroom mentioned in regard to cognizable offences talked about below Chapter IV of the Act arrests may be made by the Drugs Inspector with none warrant and in any other case treating it as a cognizable offence.
Taking be aware of the truth that police have registered many instances in regard to cognizable offences below Chapter IV of the Act, the courtroom directed that such instances ought to be remodeled to the Drugs Inspectors, if not already completed, for additional motion in accordance with the regulation.
“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,” mentioned the Bench which additionally included Justice KM Joseph.
However, the highest courtroom made it clear that there was no bar on cops to analyze and prosecute an individual the place he has dedicated an offence, as acknowledged below Section 32(3) of the Act, i.e., if he dedicated any cognizable offence below some other regulation.