Uniform Guidelines for Drug Inspectors’ Arrest Powers: DCC

The proposal suggests issuing uniform guidelines under Section 33P of the Drugs and Cosmetics Act, 1940.

December 11, 2023

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Last Updated on December 30, 2023 by The Health Master

Uniform Guidelines

In the wake of a pivotal Supreme Court order in August 2020, the Central drug regulator is contemplating the establishment of uniform guidelines regarding the authority of drug inspectors to apprehend offenders for cognizable offenses.

This move is in response to a proposal presented at a recent Drugs Consultative Committee (DCC) meeting by the Drug Controller of Punjab.

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Supreme Court Mandate

A. Legal Framework

The Supreme Court, in its order dated August 28, 2020, highlighted the intricacies surrounding cognizable offenses under Chapter IV of the Drugs and Cosmetics Act, 1940.

It clarified that the police officers lacked the authority to prosecute offenders under this chapter, emphasizing Section 32 of the Act and the Criminal Procedure Code (CrPC).

B. Section 32 and Prosecution

The order delineated Section 32, stipulating that only authorized inspectors or gazetted officers could initiate prosecutions.

However, it clarified that police officers could investigate and prosecute individuals for cognizable offenses under other laws.

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Proposal for Uniform Guidelines

A. DCC Recommendations

The DCC, responding to the Punjab drug regulator’s proposal, recommended the formation of a sub-committee.

This committee, comprising representatives from states where drug inspectors have made arrests, aims to deliberate on the matter and provide comprehensive recommendations.

B. Section 33P Implementation

The proposal suggests issuing uniform guidelines under Section 33P of the Drugs and Cosmetics Act, 1940.

This section empowers the Central Government to issue directives to State Governments for executing the provisions of the Act.

Ensuring Responsible Enforcement

A. Arrest Procedures

The Supreme Court emphasized that drug inspectors possess the authority to make arrests for cognizable offenses under Chapter IV without a warrant.

However, it underscored the importance of adherence to existing legal frameworks and the responsibility that accompanies this power.

B. Reporting Obligations

The Court mandated that drug inspectors not only report arrests as per Section 58 of the CrPC but also promptly inform their superior officers about any arrests made.

This reinforces transparency and accountability in the enforcement process.

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Balancing Power and Responsibility

A. Judicial Caution

The Supreme Court reiterated that the power of arrest must be exercised judiciously, recognizing the authority granted under Section 22(1)(d) of the Act.

It cautioned against misuse, emphasizing that every power comes with responsibility.

B. Legal Boundaries

Emphasizing the need for legality, the Court directed that the power to arrest should strictly align with the purpose of Chapter IV of the Act and any rules made thereunder.

This ensures arrests are lawful, authorized, and necessary.

Must read:

Police can’t arrest, register FIRs under Drugs Act, Drugs Inspector can arrest: SC

Interplay Between the provisions of Cr.P.C & Drugs Act ?

Central Government’s Deliberation

A. Section 33P Empowerment

The Court recognized that under Section 33P, the Central Government holds the authority to issue directions to State Governments.

It suggested a careful consideration of whether directives regarding arrest powers can be issued under this provision.

Conclusion

In conclusion, the endeavor to establish uniform guidelines for drug inspectors‘ arrest powers is a significant step towards aligning enforcement practices with legal mandates.

Striking a balance between power and responsibility is crucial for the effective and lawful execution of arrests.

Disclaimer: This article contains information derived from the source mentioned below. Our team utilized an AI language model to rewrite and present the news or article in a unique format.

FAQs

1. Why is the establishment of uniform guidelines for drug inspectors essential?

Uniform guidelines ensure consistent enforcement practices and adherence to legal mandates, fostering transparency and accountability.

2. What legal framework governs drug inspectors’ arrest powers?

Drug inspectors’ arrest powers are governed by Section 22(1)(d) of the Drugs and Cosmetics Act, 1940, and other relevant provisions outlined in the Supreme Court order.

3. How does the Supreme Court emphasize responsible use of arrest powers?

The Court underscores that every power, including arrest, comes with responsibility, emphasizing the need for judicious and lawful exercise of this authority.

4. What reporting obligations do drug inspectors have after making an arrest?

Drug inspectors are required to not only report arrests under Section 58 of the CrPC but also promptly inform their superior officers about any arrests made.

5. What role does Section 33P play in the Central Government’s involvement?

Section 33P empowers the Central Government to issue directions to State Governments. Whether it can issue directives regarding arrest powers is subject to further deliberation.