UNION OF INDIA versus ASHOK KUMAR SHARMA AND OTHERS

Citation: [2020] 10 S.C.R. 923 · Decided: 28-08-2020 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Disposed off

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Judgment (excerpt)

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UNION OF INDIA
v.
ASHOK KUMAR SHARMA AND OTHERS
(Criminal Appeal No.200 of 2020)
AUGUST 28, 2020
[SANJAY KISHAN KAUL AND K.M. JOSEPH, JJ.]
Drugs and Cosmetics Act, 1940 – ss.22(1)(d), 32 – Cognizable
offences under Chapter IV – Prosecution and arrest – Held: In
view of s.32 and the scheme of CrPC, Police Officers cannot
prosecute offenders in regard to such offences – Only the persons
mentioned in s.32 are entitled to do the same – A Police Officer
cannot register a FIR u/s.154, CrPC, investigate such offences under
CrPC – In view of provisions of s.22(1)(d), an arrest can be made
by Drugs Inspector w.r.t such offences without any warrant and
otherwise treating it as a cognizable offence – Further directions
issued – Code of Criminal Procedure, 1973 – s.154 – Constitution
of India – Arts.142, 21, 22(1), (2).
Drugs and Cosmetics Act, 1940 – s.32, 18(a)(i), 27 – FIR for
offences u/ss.18(a)(i), 27 against respondent-owner of medical shop
– Quashed by High Court holding that s.32 being the mechanism
for prosecuting offences must be scrupulously observed and no
FIR can be registered under CrPC – Held: Impugned judgment
upheld – Code of Criminal Procedure, 1973.
Drugs and Cosmetics Act, 1940 – Object of – Held:  1940
Act purports to achieve the object of regulating the import,
manufacture, distribution, sale of drugs and cosmetics.
Drugs and Cosmetics Act, 1940 – Chapter III, IV, IV-A, V;
ss.3(b), 3(e), 13, 18, 21, 22-27, 27A, 28, 28A, 28B, 29, 30-32, 32B,
33H, 33M, 36, 36A, 36AB, 36AC, 36AD – Scheme of the Act –
Discussed.
Code of Criminal Procedure, 1973 – Chapters V, XI, XII, XIV,
XV, XVI – ss.4(2), 41, 154-162, 167, 169, 170, 173, 177, 178, 190,
193, 195, 198A, 199, 200, 202-204, 207-209 – Interplay between
provisions of CrPC and 1940 Act – Discussed – Drugs and Cosmetics
[2020] 10 S.C.R. 923
923
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SUPREME COURT REPORTS
[2020] 10 S.C.R.
Act, 1940 – ss.22, 32, 34AA, 36AC – Drugs and Cosmetics Rules –
rr.49, 51, 52.
Code of Criminal Procedure, 1973 – s.5 – Purport of – Held:
Purport of s.5 is that if any special law or local law for the time
being in force contemplates any special jurisdiction or power or
any special form of procedure, unless something contrary is found,
it is the provisions of the special law or the local law which would
prevail.
Drugs and Cosmetics Act, 1940 – s.2 – Purport of – Discussed
– Dangerous Drugs Act, 1930 – Code of Criminal Procedure, 1973.
Drugs and Cosmetics Act, 1940 – Chapter IV, s.32 – Held:
s.32 declares that prosecution under Chapter IV can be instituted
only by an Inspector, any gazetted officer of Central Government
or State Government authorised in writing by a general or special
order, the person aggrieved and a recognised consumer association
whether such person is a member of that association or not.
Drugs and Cosmetics Act, 1940 – Cognizance of offences –
Comparison between s.32, 1940 Act and s.190, CrPC – Discussed
– Code of Criminal Procedure, 1973 – s.190.
Code of Criminal Procedure, 1973 – Chapters XV, XVI –Held:
Chapters XV and XVI must be followed in regard to even offences
falling under Chapter IV, 1940 Act – Drugs and Cosmetics Act,
1940 – Chapter IV.
Code of Criminal Procedure, 1973 – s.202(1), (2) – Effect of
– Discussed.
Drugs and Cosmetics Act, 1940 – Cognizable offences under
Chapter IV – Duty of police officer u/s.154, CrPC irrespective of
impact of territorial jurisdiction – Discussed – Code of Criminal
Procedure, 1973 – s.154.
Code of Criminal Procedure, 1973 – s.170 – Requirement for
invoking – Held: Cardinal requirement to invoke s.170 is availability
of power with the Magistrate to take cognizance upon a police
report – This key requirement is absent in case of an offence falling
u/Chapter IV, 1940 Act– Drugs and Cosmetics Act, 1940.
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Drugs and Cosmetics Act, 1940 – s.22 – Powers of inspector
– Discussed.
Drugs and Cosmetics Act, 1940 – s.36AC – Held: Perusal of
s.36AC makes it clear that arrest is contemplated under the Act –
Conditions have been imposed for grant of bail as enacted in s.36AC.
Code of Criminal Procedure, 1973 – Power of arrest and bail
under – Chapters V, XXXIII; ss.41, 41A, 41B, 41D, 42, 43, 436,
437, 439 – Discussed – Code of Criminal Procedure (Amendment)
Act, 2008.
Drugs and Cosmetics Act, 1940 – Offences u/Chapter IV not
falling u/s.36AC – Arrest – Held: In relation to such offences, the
power of arrest would depend upon the provision in the Schedule
to the CrPC – Code of Criminal

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