VidhiSangh

Supreme Court of India · 28/08/2020

UNION OF INDIA versus ASHOK KUMAR SHARMA AND OTHERS

[2020] 10 S.C.R. 923 · 2020 INSC 517

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that police cannot register an FIR, investigate or prosecute cognizable offences under Chapter IV of the Drugs and Cosmetics Act through the ordinary police-report procedure. Prosecution must be instituted by persons authorised under Section 32. Drugs Inspectors have statutory power to arrest for such cognizable offences, subject to criminal-procedure and constitutional safeguards. Existing FIRs were directed to the Inspectors, while the ruling excluding police arrest powers was made prospective.

Issues

  1. Whether Chapter IV cognizable offences could be investigated and prosecuted through police FIRs and reports.
  2. Whether Drugs Inspectors could arrest despite the absence of an express arrest clause.
  3. How existing FIRs and earlier police arrests should be treated.

Provisions considered

Held

Result

Appeal dismissed and High Court judgment upheld on the facts, subject to the Court’s conclusions and directions concerning investigation, prosecution, arrest safeguards, transfer of existing FIRs and prospective operation of the police-arrest ruling.

Judgment PDF: Supreme Court of India, [2020] 10 S.C.R. 923.