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Honorable Supreme Court of India has recently passed orders in S.L.P (Criminal) No. 4178 of 2019 , Union of India Versus Ashok Kumar Sharma & Others.
To implement the orders of Hon’ble Supreme Court of India in the matter of UOI Vs Ashok Kumar Sharma, some mechanism must be evolved immediately with the consultation of higher authorities of Food and Drugs Administration (FDA) / drug department. If accused are let scot-free in devoid of mechanism and infrastructure, the spirit of Chapter-IV of the Drugs & Cosmetics Act, 1940 would be vitiated.
Following suggestions may be sent to the Government for implementation of judgment of Hon’ble Supreme Court of India as well as Chapter-IV of the Drugs & Cosmetics Act, 1940:-
# The notification for designated Police Station in each district would be needed for use of its facilities like Hawalaat, Police Van (for ferrying accused under detention).
# At least one NGO with 3-4 constables of Police department may be requested on deputation with each district office as arrest of accused would be difficult by bare handed Drugs Control Officers / Senior Drugs Control Officers.
# The appropriate training of all Drugs Control Officers / Senior Drugs Control Officers must be arranged w.r.t. procedure of arrest, detention, remand, investigation / interrogation during remands etc., keeping in view the ruling of Hon’ble Supreme Court of India in DK Basu case.
# Notification of Medical Officers / Hospitals may also be required for getting the accused medically examined during detention period (DK Basu SC case).
# Any other suggestions for effective implementation of the Act may be added apart from the above after due consultation with Home / Law department.