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2020 (8) TMI 827 - SC - Indian LawsInterplay between the provisions of the Code of Criminal Procedure and the Drugs and Cosmetics Act, 1940 - Whether in respect of offences falling under chapter IV of the Act, a FIR can be registered Under Section 154 of the Code of Criminal Procedure and the case investigated or whether Section 32 of the Act supplants the procedure for investigation of offences under Code of Criminal Procedure and the taking of cognizance of an offence Under Section 190 of the Code of Criminal Procedure? HELD THAT - It is concluded that - I. 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 Code of Criminal Procedure, the Police Officer cannot prosecute offenders in regard to such offences. Only the persons mentioned in Section 32 are entitled to do the same. II. There is no bar to the Police Officer, however, to investigate and prosecute the person where he has committed an offence, as stated Under Section 32(3) of the Act, i.e., if he has committed any cognizable offence under any other law. III. Having regard to the scheme of the Code of Criminal Procedure and also the mandate of Section 32 of the Act and on a conspectus of powers which are available with the Drugs Inspector under the Act and also his duties, a Police Officer cannot register a FIR Under Section 154 of the Code of Criminal Procedure, in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of the Code of Criminal Procedure. IV. Having regard to the provisions of Section 22(1)(d) of the Act, we hold that an arrest can be made by the Drugs Inspector in regard to cognizable offences falling under Chapter IV of the Act without any warrant and otherwise treating it as a cognizable offence. He is, however, bound by the law as laid down in D.K. Basu 1996 (12) TMI 350 - SUPREME COURT and to follow the provisions of Code of Criminal Procedure. V. It would appear that on the understanding that the Police Officer can register a FIR, there are many cases where FIRs have been registered in regard to cognizable offences falling under Chapter IV of the Act. We find substance in the stand taken by learned Amicus Curiae and direct that they should be made over to the Drugs Inspectors, if not already made over, and it is for the Drugs Inspector to take action on the same in accordance with the law. We must record that we are resorting to our power Under Article 142 of the Constitution of India in this regard. VI. Further, we would be inclined to believe that in a number of cases on the understanding of the law relating to the power of arrest as, in fact, evidenced by the facts of the present case, police officers would have made arrests in regard to offences under Chapter IV of the Act. Therefore, in regard to the power of arrest, we make it clear that our decision that Police Officers do not 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. VII. We further direct that the Drugs Inspectors, who carry out the arrest, must not only report the arrests, as provided in Section 58 of the Code of Criminal Procedure, but also immediately report the arrests to their superior Officers. Appeal dismissed.
Issues Involved:
1. Interplay between the Code of Criminal Procedure (CrPC) and the Drugs and Cosmetics Act, 1940. 2. Whether FIR can be registered under Section 154 of CrPC for offences under Chapter IV of the Drugs and Cosmetics Act. 3. Whether Section 32 of the Act supplants the procedure for investigation under CrPC. 4. Whether an Inspector under the Act can arrest a person for offences under Chapter IV of the Act. Detailed Analysis: 1. Interplay between CrPC and the Drugs and Cosmetics Act: The judgment addresses the relationship between the CrPC and the Drugs and Cosmetics Act, 1940. It examines whether the procedures under CrPC apply to offences under Chapter IV of the Act or if Section 32 of the Act provides a distinct procedure. 2. Registration of FIR under Section 154 of CrPC: The High Court held that FIR under Section 154 of CrPC cannot be lodged for offences under the Act. The Act provides a complete code for the trial of offences under it, and Section 32 must be scrupulously observed. The Supreme Court affirmed this view, stating that the Police Officer cannot register an FIR under Section 154 CrPC for offences under Chapter IV of the Act. The Police Officer's role is limited to referring the complaint to the Drugs Inspector. 3. Supplanting Procedure for Investigation: The High Court found that the Act, being a special law, overrides the provisions of the CrPC. The Supreme Court agreed, noting that the Act provides a specific mechanism for prosecuting offences, and the general provisions of CrPC do not apply except as provided in the Act. The prosecution under the Act can only be initiated by the persons specified in Section 32, and not by a Police Officer. 4. Power of Arrest by Inspector: The High Court did not directly address whether an Inspector can arrest, but the Supreme Court clarified this issue. The Court held that under Section 22(1)(d) of the Act, an Inspector has the power to arrest for cognizable offences under Chapter IV without a warrant. However, the Inspector must follow the procedure laid down in the CrPC and the guidelines established in D.K. Basu v. State of West Bengal. The Police Officer does not have the power to arrest for these offences. Findings and Directions: 1. Prosecution and Investigation: - Only the persons mentioned in Section 32 can prosecute offenders for offences under Chapter IV. - Police Officers cannot register FIRs or investigate these offences under CrPC. 2. Arrest Powers: - Drugs Inspectors can arrest for cognizable offences under Chapter IV without a warrant. - They must adhere to the procedural safeguards in CrPC and D.K. Basu guidelines. 3. Handling of Existing FIRs: - FIRs already registered by Police Officers should be transferred to the Drugs Inspectors for further action. 4. Future Arrests and Reporting: - Drugs Inspectors must report arrests as per Section 58 CrPC and immediately inform their superior officers. 5. Prospective Application: - The judgment's finding that Police Officers cannot arrest for these offences will apply prospectively from the date of the judgment. The Supreme Court's decision harmonizes the provisions of the Act and CrPC, ensuring that the specialized knowledge of Drugs Inspectors is utilized in enforcing the Act while maintaining procedural safeguards.
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