STATE OF RAJASTHAN Vs. RAJESH MEDICAL AGENCIES

JUDGEMENT

(1.) In view of the decision of this court in Stale of Punjab v. Nohar Chand, it can now be taken as well-settled that where a substandard article is sold and an offence is committed thereby, the place where the substandard article was marketed will equally have jurisdiction to try an offence against the manufacturers as well as the distributors, according to S. 179 and 180 of the Code of Criminal Procedure, 1973. That being so, the view taken by the High court that the court of the Chief Judicial Magistrate, Bikaner had no jurisdiction to take cognizance of the offences against the respondents cannot be sustained.

(2.) The result therefore in that the appeals succeed and are allowed. The judgment of the High court is set aside and that of the learned Sessions Judge upholding dig order of the learned Chief Judicial Magistrate is restored. The cases against the manufacturer, distributor and the retailer shall be tried by the chief Judicial Magistrate, Bikaner.