“No Arrest, No FIR” in offences under Drugs and Cosmetics Act
By Swapnil Joshi
Not every crime requires arrest of a person, and to effect arrest the arresting authority must be empowered under the statute to exercise the power to arrest.
Chapter IV of the Drugs and Cosmetics Act, 1940 deals with the offences under the said Act, which is a special statute made applicable throughout the India to regulate the import, manufacture, distribution and sale of drugs and cosmetics. A frequent question that arises, especially in legal and enforcement circles, is whether the police have the authority to arrest individuals in connection with offences under this Act. The Supreme Court has provided extensive clarification on this point, shaping the enforcement mechanism for drug-related cases in India.
Who Can Arrest Under the Drugs and Cosmetics Act?
Contrary to general criminal law where police have broad powers of arrest, the Drugs and Cosmetics Act prescribes a different protocol. The Supreme Court of India in the case of Union of India Vs Ashok Kumar and Ors. (2021 (12) SCC 674) has held that, in respect to cases concerning cognizable offences under Chapter IV of the Act, police officers do not have the authority to register FIRs or make arrests. The rationale stems from the specific provisions of Section 32 of the Act, which vests powers of investigation and prosecution solely in Drugs Inspectors and other notified officials, not the police.
“Section 32, read with the scheme of CrPC, excludes police officers from prosecuting or investigating offences under this Act. All FIRs registered by police in such cases must be transferred to Drugs Inspectors for necessary action.”
The Role of Drugs Inspectors
Drugs Inspectors are empowered by the Act to investigate violations, file complaints, and, where sufficient grounds exist, make arrests. Their powers, however, are strictly regulated:
- Arrests must follow the processes laid out in various Supreme Court judgments (such as D.K. Basu guidelines).
- Immediate reporting, documentation, and safeguarding of the accused’s rights are mandatory.
- The scope of the Drugs Inspector’s authority is limited to offences under the Drugs and Cosmetics Act
The view taken by the Apex Court has been followed recently by Bombay High Court in Rupesh Pradeep Bharuka Vs State of Maharashtra (2025 DGLS (Bom) 1662).
Implications for Enforcement
- Police must transfer concerned cases to Drugs Inspectors. They cannot proceed with their own FIRs or arrests.
- Drugs Inspectors must follow judicial safeguards when making arrests, including prompt production before a magistrate.
- FIRs by police in these cases are legally untenable and do not give rise to valid prosecution under the Act
Conclusion
In summary, in cases under the Drugs and Cosmetics Act—especially those under Chapter IV—the power of arrest lies not with the police but with Drugs Inspectors. Police officers are barred from registering FIRs or arresting individuals in such cases. This protocol ensures specialized regulatory enforcement and upholds the procedural safeguards required by Indian law.
Key Takeaway:
Arrests in Drugs and Cosmetics Act offences can only be made by Drugs Inspectors following due legal process; police have no such authority.