Supreme Court · 2020 INSC 517 · Decided 28 August 2020
Union of India v. Ashok Kumar Sharma and Others
- Court
- Supreme Court of India
- Citation
- 2020 INSC 517 · [2020] 10 S.C.R. 923
- Case number
- CRIMINAL APPEAL No. 200/2020
- Decided
- 28 August 2020
- Bench
- SANJAY KISHAN KAUL, K.M. JOSEPH (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 154, 5, 190, 202(1), 170, 58; Constitution Article 142, 21, 22(1)
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 Officers cannot prosecute offenders in regard to such offences - Only the persons mentioned in s.32 a FIR u/s.154, CrPC, investigate such offences 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 - Further directions issued - Code of Criminal
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)