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Issues: Whether section 167(2) of the Code of Criminal Procedure, 1973 applied where cognizance for offences under the Transplantation of Human Organs Act, 1994 was taken on a complaint under section 22 of that Act and the complaint was filed within the statutory period; and whether such a complaint could be treated as a police report so as to attract default bail.
Analysis: Section 22 of the Transplantation of Human Organs Act, 1994 creates a special bar against cognizance except on a complaint by the prescribed authority or an authorised person. The Act is a special statute and, to the extent of conflict, its procedure prevails over the general scheme of the Code of Criminal Procedure, 1973. An authorised officer under the Act was competent to investigate the breach and then file only a complaint, not a police report under section 173(2) of the Code. Since the statutory scheme itself excluded a police report, section 167(2) of the Code, which is tied to investigation leading to a police report and default in filing of challan, was not attracted. In any event, the complaint was filed within 90 days of arrest or surrender.
Conclusion: Section 167(2) did not entitle the appellants to default bail, and the complaint under section 22 of the Transplantation of Human Organs Act, 1994 could not be treated as a police report for that purpose.
Final Conclusion: The special procedure under the Transplantation of Human Organs Act, 1994 governed cognizance and excluded the application of default-bail consequences under the general criminal procedure in the facts of the case.
Ratio Decidendi: Where a special statute permits cognizance only on a complaint and forbids a police report, section 167(2) of the Code of Criminal Procedure, 1973 does not apply to claim default bail on the basis of investigation under that special statute.
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