Supreme Court: Cops can’t arrest, register FIRs beneath Drugs and Cosmetics Act


Tribune News Service

New Delhi, August 29

Police officers can’t register FIRs, make arrests, prosecute or examine in regard to cognisable offences beneath Chapter IV of the Drugs and Cosmetics Act, 1940, which offers with the manufacture, sale and distribution of medicine and cosmetics, the Supreme Court has dominated.

A Bench headed by Justice Sanjay Kishan Kaul, nevertheless, stated its ruling “that police officers don’t have the power to arrest in respect of cognisable offences under Chapter IV of the Act will operate with effect from the date of this judgment”.The verdict, having critical implications in medication instances being investigated by the police, got here on an attraction filed by the Centre difficult a ruling of the Allahabad High Court that had quashed an FIR registered by the police with respect to an offence registered beneath the Drugs and Cosmetics Act.

The high courtroom stated with regard to cognisable offences talked about beneath Chapter IV of the Act, arrests could possibly be made by the medication inspector with none warrant and in any other case, treating it as a cognisable offence.

Taking word of the truth that the police have registered many instances in regard to cognisable offences beneath Chapter IV of the Act, the courtroom stated such instances needs to be shifted to medication inspectors, if not executed already, for additional motion in accordance with the legislation.

‘Let’s speak concerning the positives of judiciary’

Supreme Court choose DY Chandrachud on Saturday sought to focus on the work being executed by the judiciary. “For a change, let’s talk about the positives of the judiciary system. When international courts have been talking about single-digit figures, we are talking about hundreds of thousands of cases which have been disposed of,” he stated.



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