Rakesh Kumar Vs The state of Bihar and Anr 2024 Livelaw SC 264
Cognizance was taken by the Learned Judicial Magistrate Jamui for offences under the Drugs and Cosmetics Act, 1940 and the Essential Commodities Act, 1955 against the Appellant. The Appellant approached the High court U/s 482 Cr. P. C. but the High Court did not interfere with the order of the Learned Judicial Magistrate Jamui as a prima facie case is made out against the Appellant. The Appellant has come for an Appeal to the Supreme Court against the dismissal order of the High Court.
The question arises as to whether the Police officer who submitted the police report will come under definition of “Inspector” u/s Section 32 (1) (a) of the Drugs and Cosmetic Act, 1940.
The extract of Section 32 in The Drugs and Cosmetics Act, 1940 is as follows
32. Cognizance of offences. —
(1) No prosecution under this Chapter shall be instituted except by—
(a)an Inspector; or
(b)any gazette officer of the Central Government or a State Government authorized in writing in this behalf by the Central Government or a State Government by a general or special order made in this behalf by that Government; or
(c)the person aggrieved; or
(d)a recognized consumer association whether such person is a member of that association or not.
(2) Save as otherwise provided in this Act, no court inferior to that of a Court of Session shall try an offence punishable under this Chapter.
(3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter.
The chargesheet was also filed U/s 7 of the Essential Commodities Act, 1955 but the Judicial Magistrate, Jamui said that the Magistrate court was not empowered to try to the offence, and that it comes within the jurisdiction of the Special court, as per Section 12-AA of the Essential Commodities (Special Provisions) Act, 1981.
Referring to the decision of “UOI Vs Ashok Kumar Sharma (2021) 12 SCC 674”, the court came into a conclusion that
In view of Section 32 of the Drugs and Cosmetics Act, 1940, the police officers are not empowered to prosecute the offenders under the Drugs and Cosmetics Act, 1940 and thus cannot register an FIR U/s 154 Cr. P. C, but only those officers mentioned above under Section 32 of the Drugs and Cosmetics Act, 1940 are entitled to do the same.
Therefore, the Court had concluded that the proceedings initiated against the Appellant, and the Appeal was allowed.
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