Supreme Court of India
Union of India v. Ashok Kumar Sharma and Others
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that an arrest can be made by the Drugs Inspector in regard to cognizable offences falling under Chapter IV of the Act without any warrant and otherwise treating it as a cognizable offence.
Judgment, page 120
From the headnote
Drugs and Cosmetics Act, 1940 – ss.22(1)(d), 32 – Cognizable offences under Chapter IV – Prosecution and arrest – Held: In view of s.32 and the scheme of CrPC, Police Officer s cannot prosecute offenders in regard to such offences – Only the persons mentioned in s.32 are entitled to do the same – P olice Officer cannot register a FIR u/s.154, CrPC, investigate such offe nces under CrPC – In view of provisions of s.22(1)(d), an arrest can be made by Drugs Inspector w.r.t such offences without any warrant and otherwise treating it as a cognizable offence – Furthe r directions issued – Code of
Authorities it was built on
- 2013 Lalita Kumari v. Govt. of U.P. and Ors.
- 1996 D.K. Basu v. State of West Bengal
- 1960 M. Pentiah and Others v. Muddala Veeramallappa and Others
- 1977 V. Tulasamma & Ors. v. V. Sesha Reddi (dead) by L.rs.
- 2014 Arnesh Kumar v. State of Bihar & Anr.
- 1994 Directorate of Enforcement v. Deepak Mahajan and Anr.
- 1996 Sultana Begum v. Prem Chand Jain
- 1968 Illias v. Collector of Customs, Madras
- 1968 Romesh Chandra Mehta v. State of West Bengal
- 2014 State of Nct of Delhi v. Sanjay
- 1990 Raj Kumar Karwal v. Union of India and Ors.
- 1967 D. Sanjeevayya v. Election Tribunal, Andhra Pradesh & Ors.
- 1999 Satvinder Kaur v. State (govt. of N.C.T. of Delhi) and Anr.
- 2009 Jamiruddin Ansari v. Central Bureau of Investigation & Anr.
- 2009 Jeewan Kumar Raut & Anr. v. Central Bureau of Investigation,
- 1980 Balkishan A. Devidayal Etc. v. State of Maharashtra Etc.
- 2010 The Institute of Chartered Accountants of India v. Vimal Kumar Surana and Another
- 2011 Om Prakash & Anr. v. Union of India & Anr.
- 1966 Badku Joti Savant v. State of Mysore
- 1974 State of U.P. v. Durga Prasad
- 2016 Dr. Rini Johar & Anr. v. State of M.P. & Ors.
Where later benches applied it
Of those, 1 referred to
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