Source: Supreme Court

Why in News?

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra held that “The proceedings under the Drugs and Cosmetics Act, 1940 initiated against the appellant on the basis of the complaint of the Police Inspector is legally invalid”.

• The Supreme Court gave this judgment in the case Rakesh Kumar v. State of Bihar.

What is the Background of Rakesh Kumar v. State of Bihar Case?

• The case involves a challenge to the order dated 27^th September 2018, where the High Court dismissed a petition filed under Section 482 of the CrPC.
• The appellant contested an order dated 22nd November 2016 by the Judicial Magistrate First Class, Jamui, taking cognizance of offences under the Drugs and Cosmetics Act, 1940.
• The appellant sought to quash these proceedings.
• The High Court upheld the cognizance order, finding a prima facie case against the appellant.
• However, the appellant argued that only a Drug Inspector could initiate proceedings under the Act, not a police officer.
• The crucial question revolved around whether the police officer's actions constituted valid initiation under Section 32(1)(a) of the Drugs and Cosmetics Act, 1940.

What were the Court’s Observations?

• Ultimately, the court found the proceedings initiated against the appellant invalid, setting aside the cognizance order and quashing the proceedings.
• The court held that “Having regard to the scheme of Code of Criminal Procedure, 1973 (CrPC) 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 an FIR under Section 154 CrPC, in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of CrPC.”
• The appeal was allowed accordingly.

What is Section 32 of Drugs and Cosmetics Act, 1940?

Cognizance of offences. —

• No prosecution under this Chapter shall be instituted except by—
  • an Inspector; or
  • any gazetted officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government or a State Government by a general or special order made in this behalf by that Government; or
  • the person aggrieved; or
  • a recognised consumer association whether such person is a member of that association or not.
• Save as otherwise provided in this Act, no court inferior to that of a Court of Session shall try an offence punishable under this Chapter.
• Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter.