M/S NOEL PHARMA (LIFE CARE DIVISION), UNIT 111, KHASRA NO. 66/3 AND 67/2, JUDDI KALAN, BADDI Vs. STATE AT THE INSTANCE OF DRUG INSPECTOR, CHIKKABALLAPUR CIRCLE, CHIKKABALLAPUR

JUDGEMENT

(1.) The petitioner is before this Court on a limited ground, namely, that the offence alleged against the petitioner would fall under Section 27-D of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the "Act", for brevity.), which attracts punishment if proved, with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine which shall not be less than Rs.20,000/-.

(2.) It is contended that with effect from 10.08.2009, a Special Court has been constituted under Section 36AB of the Act and the present case of the petitioner is pending before the said Special Court. Section 36AB also prescribes the offences which could be tried before such Special Court. It does not include Section 27-D and since the punishment prescribed does not exceed three years, the competent Court to try such an offence would not be the Sessions Court and it should be posted before the appropriate Court.

(3.) This contention is sought to be met by the learned Government Pleader to point out that under Section 32 of the very Act, it is also laid down that, save as otherwise provided in the Act, no Court inferior to that of a Court of Session, shall try an offence punishable under the Chapter and therefore, he would submit that it is the Sessions Court alone which could try such an offence.