The High Court of Jharkhand has quashed criminal proceedings under the Drugs and Cosmetics Act, 1940, holding that police officers have no authority to register FIRs or investigate offences under Chapter IV of the Act.
In Aslam Parvez v. State of Jharkhand, Justice Anil Kumar Choudhary ruled that only designated authorities such as Drugs Inspectors can initiate prosecution under the Act, as clarified by the Supreme Court in Union of India v. Ashok Kumar Sharma.
The case stemmed from a 2020 police interception in Hazaribagh, where cough syrup bottles and other items were allegedly seized. Police had invoked Section 27(b)(ii) of the Drugs and Cosmetics Act along with Section 414/34 of the Indian Penal Code, 1860.
Allowing the petition in part, the High Court set aside proceedings under the Drugs and Cosmetics Act but permitted the IPC charges to continue. The ruling reiterates that offences under special statutes must be prosecuted strictly in accordance with the procedure prescribed therein.
