The Empowerment of Drugs Inspectors Under the Drugs and Cosmetics Act, 1940-A Review of Implementation of Power of Arrest Conferred by Hon’ble Supreme Court of India

Background

The criminal offences under the Drugs and Cosmetics Act, 1940 (DCA) directly affect the life of people in India. As per statute, it is obligatory for Drugs Inspector to conduct investigation and execute further proceedings as per law. Earlier, the arrest of the culprit under Chapter-IV of DCA was made by the police officials. Now, the Apex Court of India, under the provisions of Article 142 of the Constitution of India, has held that Police Officers are not authorized to arrest in these cases and only Drugs Inspectors are authorized to do so. Bharatiya Nagarik Suraksha Sanhita,, 2023-Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the current criminal procedural law in India and it is significant for Drugs Inspector to know about the relevant provisions in BNSS which are related to the arrest of persons.

Rationale of study

The investigation and trial of offences under Chapter-IV of DCA involve criminal legal proceedings. Further, catching hold of the culprits under DCA by way of arrest is entirely a novel area for Drugs Inspectors. The present article reviews the existing criminal legislature in India related to arrest of persons under the Drugs and Cosmetics Act, 1940 and compliance to the directions issued by the judiciary of India.

Conclusion

The interplay of criminal laws with Drugs and Cosmetics Act, 1940 is indispensible. The Apex Court has vested the Drugs Inspector with the power of arrest, which is to be exercised with great caution. The present issue requires balance between catching hold of offenders and constitutional rights of accused persons.