Salient features of Supreme Court order dated 28.08.2020

Last Updated on December 11, 2023 by The Health Master

Honb’le Supreme Court of India has passed orders in S.L.P (Criminal) No. 4178 of 2019, Union of India Versus Ashok Kumar Sharma & Others.

This case is related with UP in which a FIR was lodged by the Drug Inspector (DI), UP. The accused went to High Court for the quashing of said FIR. High court has quashed the FIR.

The government has filed an appeal in the Supreme Court against the quashing of FIR. Supreme Court has dismissed the said appeal and passed the said order. The salient features of the said orders are as under:

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• Police officer do not have power to arrest in cognizable offences under chapter IV of the Drugs and Cosmetics Act 1940 (Drug Act) from the date of Judgement.

• Police officer cannot register FIR under section 154 of Cr.P.C. and cannot investigate such offences.

• An arrest can be made by the Drugs Inspector in regard to cognizance offences under chapter IV of the Drug Act {Section 22 (1)(d)}

• Police officer cannot prosecute offenders in this regard.

• Now DI has power to arrest the accused and send the report of the arrest to his superior.

• Impact of Lalita Kumari vs Govt of UP 2014 has also been discussed in the said judgement. 

• Centre Govt. should give directions under section 33-P of Drug Act for the execution of said judgement.

• Police Officer has no power to further investigate in all already lodged FIRs under chapter 4 of the Drug Act.  w.r.t. to offences under chapter 4 of the Act and same shall be transferred to concerned Drug Inspector.

• Drugs Inspector is bound to follow the guidelines of arrest as given in the case i.e. D.K. Basu (supra).

• These directions has been issue in exercise of the power article 142 of the constitution of India.

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