Proceedings under Drugs and Cosmetics Act initiated on the basis of Police Inspector’s complaint is legally invalid, holds Top Court
Justices Hrishikesh Roy & Prashant Kumar Mishra [19-03-2024]

Read Order: RAKESH KUMAR v. THE STATE OF BIHAR & ANR [SC- Petition(s) for Special Leave to Appeal (Crl.) No(s). 10373/2018]

LE Correspondent

New Delhi, March 27, 2024:The Supreme Court has set aside anorder taking cognizance of an offence under various sections of the Drugs and Cosmetics Act, 1940as the proceedings wereinitiated on the basis of complaint of a Police Inspector.

The challenge, in this case, was to an order whereunder, the Judge of the High Court dismissed the petition filed under Section 482 of Cr.P.C challenging the order of the Judicial Magistrate taking cognizance of the offence under various sections of the Drugs and Cosmetics Act, 1940. Prayer was also made for quashing the said proceedings. The High Court however noticed that a prima facie case against the appellant was made out and accordingly the interference was found to be unmerited with the cognizance order, against the appellant.

Notice in this case was issued on the contention raised that a Police officer is not empowered to register any FIR and proceed in a case under the Drugs and Cosmetics Act, 1940 since such proceedings can be competently initiated only on the basis of complaint by a Drug Inspector.

The issue, posed before the Division Bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra, was whether the Police officer who submitted the police report can be considered to be the Inspector mentioned in Section 32(1)(a) of the Drugs and Cosmetics Act, 1940, to validate the prosecution for the offences alleged under this Act.

The Bench took note of the fact that the chargesheet was also filed under Section 7 of the Essential Commodities Act, 1955 but the JMFC in his order said that since offences under Section 7 of the Essential Commodities Act, 1955 are triable by a Special Court, the same is beyond the jurisdiction of the Court of the JMFC.

The appellant had referred to the judgment in Union of India v. Ashok Kumar Sharma &Ors. [LQ/SC/2020/631]wherein it was observed that in regard to cognizable offences under Chapter IV of the Act, in view of Section 32 of the Act and also the scheme of CrPC, the police officer cannot prosecute offenders in regard to such offences.

“Having noted the above, it is apparent that the proceedings under the Drugs and Cosmetics Act, 1940 initiated against the appellant on the basis of the complaint of the Police Inspector is legally invalid”, the Bench said.

Thus, quashing the proceedings initiated against the appellant, the Bench allowed the appeal.