VENKATESHWARA HATCHERIES PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in S.T.C.No.4 of 2014 pending on the file of the Judicial Magistrate, Theni, having been taken cognizance for the offences under Ss. 18(c) of the Drugs and Cosmetics Act, 1940 read with condition 4(ii) of the condition of licence in Form 21-B of the Drugs & Cosmetics Rules 1945 punishable under Sec. 27(d) of the said Act.

(2.) The case of the prosecution is that by the order dtd. 13/3/2012 issued by the Assistant Director of Drugs Control, Madurai Zone, Madurai ? 20, the respondent conducted a joint inspection in the premises of M/s.Saravana's Poultry Farms, situated at Door No.6-2/2, 2nd Floor, Kali Complex, TBN Road, Palanichettipatty, Theni on 14/3/2012 and found that allopathic drugs (Veterinary) were stocked, exhibited for sale or distribution on the racks and observed that the drugs were sold or distributed by the said concern without having valid license, which is in contravention of Sec. 18(c) of the Drugs and Cosmetics Act, 1940. Further, the complaint/respondent alleged that the relevant purchase invoices were also seized under Form 16. The seizure documents revealed that the drugs supplied by the first petitioner to the said Poultry Farm under invoices. Therefore, the respondent issued show cause notice, for which, the first petitioner also sent reply. After receipt of the reply, the respondent submitted a proposal to the Director of Drugs Control, Chennai and requested to grant sanction to prosecute the petitioners. On sanction, the present complaint has been lodged and the learned Judicial Magistrate had taken cognizance in S.T.C.No.4 of 2014 for the above said offences. These proceedings is under challenge in this petition.

(3.) The learned counsel appearing for the petitioner would submit that the learned Judicial Magistrate ought not to have taken cognizance, since he has no power to try the case as per Drugs and Cosmetics (Amendment) Act, 2008 (Act 26 of 2008). As per Sec. 32(2) of Amended Act, no Court inferior to that of a Court of Session shall try an offence punishable under the Drugs and Cosmetics Act. The amended Act came into force with effect from 10/8/2009, but, the complaint was admittedly filed before the learned Judicial Magistrate only on 3/12/2013 and on the date of complaint, the learned Judicial Magistrate has no jurisdiction to take cognizance of the complaint.