Police cannot register FIR or investigate cognizable offences under Chapter IV of Drugs & Cosmetics Act; authority vests with Drugs Inspectors. Proceedings quashed qua Drugs Act offence but continued under IPC.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with the prayer to quash the entire criminal proceeding against the petitioner including the order taking cognizance dated 22.08.2020 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with Korrah P.S. Case No. 97 of 2020, corresponding to Drugs and Cosmetics Case No. 02 of 2020, whereby and where under the learned Additional Sessions Judge-II, Hazaribagh has taken cognizance of the offence punishable under Section 414/34 of the Indian Penal Code and under Section 27(b)(ii) of the Drugs & Cosmetics Act, 1940 consequent upon submission of chargesheet in respect of the said offences by the police in connection with Korrah P.S. Case No. 97 of 2020.

3. The brief fact of the case is that the F.I.R. of Korrah P.S. Case No. 97 of 2020 was lodged by the Probationer Police Sub-Inspector contending therein that the petitioner and his associates were riding a motorcycle and when the informant-police officer instructed them to stop, they stopped and on verification it was found that though the engine of the motorcycle was of Hero Honda make but the petrol tank of the motorcycle was of passion plus make. It appeared that efforts were made to clear the chassis number and engine number. The petitioner was taken to the police station along with the motorcycle and from the motorcycle tool box, chlorpheniramine maleate and codeine phosphate syrup 100 ml of Ownrex company which is cough syrup of two bottles, one chillam used to consume ganja and two tablets of Nitrosun which is an intoxicant were seized and it was alleged that the petitioner in furtherance of common intention with the co-accused persons were assisting in concealment of stolen property as well as stocking for sell of drugs without a valid licence.

4. Police took up investigation of the case and after completion of investigation found the allegation to be true and submitted charge sheet and basing upon the same, learned Additional Sessions Judge-II, Hazaribagh has taken cognizance of the offences as already indicated above.

5. It is submitted by the learned counsel for the petitioner relying upon the Judgment of Hon’ble Supreme Court of India in the case of Union of India Vs. Ashok Kumar Sharma & Ors., reported in (2021) 12 SCC 674, para -170.3 of which reads as under:-

“170.3. 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.”

that it is a settled principle of law that having regard to the scheme of Code of Criminal Procedure and also the mandate of Section 32 of the Drugs and Cosmetics Act and on a conspectus of powers which are available with the Drugs Inspector under the Drugs and Cosmetics Act and also his duties, a police officer cannot register an F.I.R. under Section 154 of Cr.P.C. with regard to cognizable offences under Chapter-IV of the Drugs and Cosmetics Act, 1940 and cannot investigate such offences under the provisions of Code of Criminal Procedure.

6. It is next submitted by the learned counsel for the petitioner that as in this case, police registered the F.I.R. and investigated the offence punishable under Section 27(b)(