SUPREME COURT: COGNIZANCE OF OFFENCE UNDER DRUGS AND COSMETIC ACT 1940 CANNOT BE TAKEN BASED ON POLICE OFFICER'S COMPLAINT

The Supreme Court in the case Rakesh Kumar Versus The State Of Bihar And Anr observed and has held that cognizance cannot be taken of an offence under the Drugs and Cosmetics Act, 1940 based on a complaint filed by a police officer.

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The bench comprising of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra in the case observed that under the Drugs and Cosmetics Act, the proceedings can be competently initiated only based on a complaint by a Drug Inspector and not the police officer.

The court in the case reserved the decision of the High Court which had refused to quash the proceedings against the accused.

The court stated that it is apparent that the proceedings under the Drugs and Cosmetics Act, 1940 initiated against the appellant on the basis of the complaint of the Police Inspector is legally invalid.