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
- Whether Chapter IV cognizable offences could be investigated and prosecuted through police FIRs and reports.
- Whether Drugs Inspectors could arrest despite the absence of an express arrest clause.
- How existing FIRs and earlier police arrests should be treated.
Provisions considered
- Section 32, Drugs and Cosmetics Act, 1940Confined institution of Chapter IV prosecutions to the specified persons while preserving prosecution for cognizable offences under other laws. (¶¶ 15, 30, 31, 32, 37, 40, 63, 64, 99, 100, 141, 150)
- Sections 22(1)(d) and 36AC, Drugs and Cosmetics Act, 1940Located the Inspector’s arrest power in the residual statutory powers, read with cognizability and the Act’s enforcement scheme. (¶¶ 12, 18, 90, 102, 109, 111, 133, 137, 138, 139, 140, 142, 143, 144, 150)
- Sections 4 and 5, Code of Criminal Procedure, 1973Applied the special statutory procedure rather than the ordinary police-investigation route. (¶¶ 22, 28, 40, 63, 64, 99, 100, 141, 142, 150)
- Article 22(1) and (2), Constitution of IndiaRequired safeguards attending arrest, including grounds, access to counsel and timely production before a Magistrate. (¶¶ 76, 77, 78, 79, 139, 142, 144)
- Article 142, Constitution of IndiaDirected existing Chapter IV FIRs to be handed over to the concerned Drugs Inspectors for lawful action. (¶¶ 147, 150)
Held
- Section 32 permits Chapter IV prosecution only at the instance of its specified categories. Police-report cognizance under the ordinary criminal procedure scheme cannot replace that special route. Declaring offences cognizable under Section 36AC does not override the restriction. (¶¶ 15, 18, 30, 31, 32, 37, 40, 63, 64, 66, 99, 100, 110, 141, 150)
- Police cannot register an FIR under Section 154 or investigate cognizable Chapter IV offences under the ordinary Code procedure. They must promptly refer the complaint or information to the competent Drugs Inspector. Distinct cognizable offences under another law may still be investigated and prosecuted, consistently with Section 32(3). (¶¶ 40, 63, 64, 66, 70, 71, 99, 100, 110, 141, 150)
- The Drugs Inspector’s necessary residual powers under Section 22(1)(d), read with the statutory scheme, include arrest without warrant for cognizable Chapter IV offences. This does not make arrest mandatory or unrestricted. The applicable Code requirements and D.K. Basu safeguards govern its exercise, and remand may be sought under the principles in Deepak Mahajan. (¶¶ 102, 109, 111, 133, 137, 138, 139, 140, 142, 143, 144, 150)
- The Inspector must comply with the Code’s arrest-reporting requirement and immediately report the arrest to the superior officer. Police must provide assistance if necessary to overcome resistance or its likelihood; that assistance does not confer an independent police investigation power. (¶¶ 143, 146, 150)
- Existing FIRs concerning Chapter IV offences were to be transferred to the concerned Drugs Inspectors for action according to law, using Article 142. The decision that police lack power to arrest for such cognizable offences was expressly made effective from the judgment date. (¶¶ 147, 148, 150, 151)
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.