Introduction:

In a significant ruling, the Supreme Court declared that proceedings initiated under the Drugs and Cosmetics Act, 1940, based on a complaint filed by a police officer, are legally invalid. The case involved an appeal against the refusal of the High Court to quash criminal proceedings initiated against the accused/appellant under the Act. The Supreme Court, comprising Justices Hrishikesh Roy and Prashant Kumar Mishra, overturned the decision and clarified the exclusive authority of Drug Inspectors to initiate such proceedings.

Arguments of Both Sides:

The appellant/accused contended that the police officer lacked the authority to register an FIR under the Drugs and Cosmetics Act, as per Section 32(1)(a) of the Act. Counsel for the appellant emphasized the statutory limitations on police officers’ powers in registering FIRs related to offences under the Act. On the contrary, the respondents defended the legality of the proceedings, arguing against the quashing of the criminal case.

Court’s Judgment:

The Supreme Court upheld the appellant’s contention, citing its previous judgment in Union of India v. Ashok Kumar Sharma & Ors., which emphasized the exclusive authority of Drug Inspectors under the Act. The Court concluded that the initiation of proceedings based on a police officer’s complaint was unjustified and legally invalid. Quashing the proceedings against the appellant, the Court affirmed that only Drug Inspectors are empowered to register FIRs and initiate proceedings under the Drugs and Cosmetics Act.