ABHIMANYU SINGH Vs. STATE REPRESENTED BY DRUGS INSPECTOR, (INTELLIGENCE BRANCH), OFFICE OF THE ASST. DRUGS CONTROLLER, KOZHIKODE AND OTHERS

JUDGEMENT

(1.) Second accused in C.C. No. 329 of 2009 on the file of the Judicial First Class Magistrate Court-IV, Kozhikode is before this Court under Section 482 Cr.P.C., 1973 challenging the order passed by the trial court on Crl.M.P.No.1334 of 2013 filed by the complainant/1st respondent, for committing the case under 323 Cr.P.C. to the special court constituted under Section 36(AB) of the Drugs and Cosmetics Act, 1940 (in short, the Act).

(2.) The case arise out of a complaint preferred before the learned Magistrate by the Drug Inspector against the petitioner and another person as accused, alleging offences punishable under Section 18(c) of the Act and Rule 65(5) of the Drugs and Cosmetic Rules, 1945, which are said to be punishable under Sections 27 (b) (ii) and 27(d) of the Act. In the complaint, it is alleged that on 22.05.2006, the Drugs Inspector (Intelligence Branch), along with the witnesses, searched a hotel room occupied by the accused. Certain items, which qualify the definition of 'drug' under Section 3(b) of the Act were found to be stocked and offered for sale in the said premises. According to the averments in the complaint, the accused persons have committed the aforementioned offences.

(3.) The complaint was filed on 18th May, 2009. The act was extensively amended by Act 26 of 2008. By the amendment, Section 36(AB) constituting special courts was introduced in the parent Act. The amendment came into force with effect from 10.8.2009. Newly added Section 36(AB) of the Act reads thus: