In the case of Rakesh Kumar v. State of Bihar, the Supreme Court in March 2024, presided over by Justices Hrishikesh Roy and Prashant Kumar Mishra, ruled that proceedings initiated under the Drugs and Cosmetics Act, 1940, based on a police inspector's complaint were invalid. This decision overturned a High Court ruling that had upheld a lower court's cognizance order based on the same complaint.

The core issue was whether a police officer could initiate proceedings under the Act, as the appellant argued that only a Drug Inspector was authorized to do so under Section 32(1)(a) of the Act. The Supreme Court ultimately agreed with the appellant, finding the police officer's actions to be legally flawed.

The court ruled that the proceedings against the appellant were invalid, nullifying the cognizance order and quashing the entire case. It determined that, based on the Criminal Procedure Code, 1973 (now called Bharatiya Nagarik Suraksha Sanhita, 2023) and the specific powers granted to Drugs Inspectors under the relevant Act, police officers are not authorized to file FIRs or investigate cognizable offences related to drug regulations, therefore, the appeal was allowed.

Section 32 of the Drugs and Cosmetics Act, 1940, outlines the process for taking legal action for offences under the Act. It stipulates that prosecutions can only be initiated by a designated Inspector, an authorized government gazetted officer, an aggrieved individual, or a recognized consumer association. Furthermore, trials for these offences can only be held in a Court of Session or a higher court. Finally, the section clarifies that this Act does not prevent prosecution under any other applicable law for the same act or omission.

The Supreme Court of India in 2020 had made a landmark decision that significantly limited the power of police in cases related to the Drugs and Cosmetics Act of 1940. This ruling clarified that police officers are not allowed to register First Information Reports (FIRs), make arrests, initiate prosecutions, or conduct investigations for offences outlined in Chapter IV of the Act. This crucial chapter governs the manufacture, sale, and distribution of drugs and cosmetics.

Justice Sanjay Kishan Kaul led the bench that delivered this verdict in August 2020, specifying that the restrictions on police authority were effective immediately. This ruling had a direct impact on existing drug-related investigations handled by police, requiring a change in how such cases are managed going forward.

The case originated from an appeal by the Central Government, challenging a previous decision by the Allahabad High Court. The High Court had nullified a police FIR related to an offense under the Drugs and Cosmetics Act, which was the core issue of the legal dispute.

The Supreme Court affirmed that jurisdiction over offences under the Act lies solely with drugs inspectors, not the police. This decision, in the case of Union of India vs. Allahabad High Court, reversed the lower court's judgment. The Allahabad High Court had previously dismissed a police FIR related to the Act.

The Supreme Court clarified that only authorized drugs inspectors can legally arrest individuals for offences detailed in Chapter IV of the Act, and these arrests do not require a prior warrant. The Court acknowledged that while police had historically investigated such offences, these cases must now be transferred to the exclusive jurisdiction of drugs inspectors for proper legal action. If cases haven't been transferred, it must be done promptly to comply with the ruling.

This Supreme Court decision established the specialized role of drugs inspectors in regulating offences under the Drugs and Cosmetics Act, restricting police involvement in these specific matters. The intention was to shift investigations and legal actions towards professionals with expertise in pharmaceuticals and cosmetics.

This ensures a more knowledgeable, professional, and effective approach to drug-related offences, ensuring that the law is applied by those best qualified to do so. The judgment emphasized the importance of specialized knowledge and training when addressing the complexities of drug regulation and enforcement.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565