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2020 Supreme(SC) 512

SANJAY KISHAN KAUL, K. M. JOSEPH
UNION OF INDIA – Appellant
Versus
ASHOK KUMAR SHARMA – Respondent


Advocates Appeared:
For the Appellant :Gurmeet Singh Makker, Advocates
For the Respondent:S. Nagamuthu, Advocate, B. Balaji, Srishti Singh, Advocates

JUDGMENT :

K.M. Joseph, J.

What is the interplay between the provisions of the Code of Criminal Procedure (hereinafter referred to as "CrPC" for short) and the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act" for short)? Whether in respect of offences falling under chapter IV of the Act, a FIR can be registered under Section 154 of the CrPC and the case investigated or whether Section 32 of the Act supplants the procedure for investigation of offences under CrPC and the taking of cognizance of an offence under Section 190 of the CrPC? Still further, can the Inspector under the Act, arrest a person in connection with an offence under Chapter IV of the Act.

2. One Naushad Khan made an online complaint on 22.2.2018. The Commissioner (Food Protection and Drugs) directed enquiry and the Drug Inspector, Mau, U.P. along with two others conducted an inspection at the Sharda Narayan Clinic and Pharmacy and the respondent No. 1 was directed to show papers in respect of medicines stored in the shop. The first respondent according to the appellant stated that he did not hav

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