In Brief
The Supreme Court held that offences under Chapter IV of the Drugs and Cosmetics Act, 1940 can only be prosecuted by Inspectors, authorized Gazetted officers, aggrieved persons, or recognized consumer organizations under Section 32 of the Act. Police Officers cannot register FIRs or investigate such offences under the Code of Criminal Procedure. However, Drugs Inspectors possess power to arrest persons accused of cognizable offences under Chapter IV without warrant, derived from Section 22(1)(d) of the Act. The Court dismissed the appeal and upheld the High Court's order quashing the FIR, while clarifying that this ruling operates prospectively from the date of judgment, given prior arrests by police officers under the earlier understanding of law.
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