Union Of India Vs Ashok Kumar Sharma And Others (Supreme Court of India)
In the case of Union of India Vs Ashok Kumar Sharma and Others, the Supreme Court clarified the scope of police authority and the role of Drugs Inspectors under Chapter IV of the Drugs and Cosmetics Act, 1940. The court held that police officers are not empowered to prosecute offenders or register FIRs for cognizable offences under this chapter. This authority is exclusively vested in persons specified under Section 32 of the Act, primarily Drugs Inspectors. However, police officers may prosecute offenders for cognizable offences under other laws. The court emphasized that Drugs Inspectors have the power to arrest offenders for cognizable offences under Chapter IV without a warrant, provided they adhere to procedural safeguards, including those outlined in Section 58 of the CrPC. It further directed that cases where FIRs were wrongly registered by police officers should be transferred to Drugs Inspectors for appropriate action. Arrests already made by police officers under such offences were deemed invalid, with this ruling applying prospectively. The decision underscores the proper delineation of authority between police officers and Drugs Inspectors, ensuring compliance with legal provisions and procedural safeguards. Using its powers under Article 142 of the Constitution, the court also mandated that all arrests by Drugs Inspectors be reported to their superiors to maintain accountability. The appeal challenging the lower court’s ruling was dismissed, upholding the judgment in favor of clarifying jurisdictional boundaries under the Drugs and Cosmetics Act.
