Legal Question in Criminal Law in India

criminal proceedure code in ndps act

in crpc u/s 154 if a police receive an informatiom about offence he has to file f.i.r but in ndps act police is not filing f.i.r after getting information about crime but they go to pace of occeracnce and arrest the accused i want to know is it not against crpc 154 and is there any rulling for that


Asked on 1/27/07, 7:20 am

3 Answers from Attorneys
mrugank patnaik msnp

Re: criminal proceedure code in ndps act

After receiving the information,police may draw formal F.I.R,or else on station diary can initiate investigation,in NDPS case .

This is not against 154 of crpc.

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Answered on 1/27/07, 9:44 am

Re: criminal proceedure code in ndps act

generally police make an entry in daily dairy then proceed to the place of incident and carry other investigation and if it is confirmed after investigation that offence is committed then FIR is registered and further carry out.please again read S.154.If you are aggrieved then approach court and file complaint u/s 156(3)cr.p.c.Generally every thing is not made public by the police.

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Answered on 1/27/07, 10:53 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal proceedure code in ndps act

Registration of a FIR is not a must for starting investigation of an offence. Contravention of provisions of section 154 Cr.P.C., if properly explained, is neither fatal to prosecution nor beneficial to accused.

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Answered on 1/31/07, 5:49 am


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