Police cannot register offences under Drugs Act
Cognizance Of offence under Drugs & Cosmetics Act 1940 can’t be taken based on Police Officer’s complaint, says the Supreme Court (SC) in Rakesh Kumar v State of Bihar & Another.
In fact, the Section 32 (1)(a) of the Drugs and Cosmetics Act, doesn’t empower the police officer to register an FIR against the offence under the act.
The SC made this observation while dealing with the plea of the accused/appellant against the decision of the High Court which refused to quash the criminal case registered against the accused under the Drugs and Cosmetics Act based on the complaint of the police officer.
Drug Inspector to file complaint on such offences
Under the Drugs and Cosmetics Act, the proceedings can be competently initiated only based on a complaint by a Drug Inspector and not by the police officer.
In this case, the SC referred to its judgment of Union of India v Ashok Kumar Sharma & Ors [ AIR 2020 SC 5274]. In the judgement the court says that a police officer cannot register an FIR under Section 154 CrPC, regarding cognizable offences under the act and he cannot investigate such offences under the provisions of CrPC.
Therefore, the SC the court quashed the proceedings in the above said case.
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