While dealing with an Appeal against the order of dismissal of a petition under Sec 482 CrPC by the Ld High Court challenging the Order of Cognizance of Offence under Various provisions of the Drugs and Cosmetics Act, 1940 by the Ld Trial Court the Court held that Proceedings under Drugs and Cosmetics Act, 1940 can be initiated only on the basis of Complaint by Drug inspector and not by a Police Officer.

The question before the court for determination was “whether the Police officer who submitted the police report can be considered to be the Inspector mentioned in Section 32(1)(a) of the Drugs and Cosmetics Act, 1940, to validate the prosecution for the offences alleged under this Act.”

While recognising the ratio laid down in Union of India v. Ashok Kumar Sharma & Ors. reported in (2021) 12 SCC 674 wherein the Hon’ble Court has held as under:

“In regard to cognizable offences under Chapter IV of the Act, in view of Section 32 of the Act and also the scheme of CrPC, the police officer cannot prosecute offenders in regard to such offences. Only the persons mentioned in Section 32 are entitled to do the same.

Having regard to the scheme of CrPC and also the mandate of Section 32 of the Act and on a conspectus of powers which are available with the Drugs Inspector under the Act and also his duties, a Police officer cannot register an FIR under Section 154CrPC, in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of CrPC.”

Accordingly, the court held that the proceedings under the Drugs and Cosmetics Act, 1940 initiated against the appellant on the basis of the complaint of the Police Inspector are legally invalid and quashed the proceedings.