PREM PAL VARSHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether in a case under Section 27(1)(b) read with Sections 18(a)(I), 18(a)(II), 18(a)(II-A) and Section 18(a)(VI) of the Drugs and Cosmetics Act 1940 as amended by the U.P. Amendment Act No. 47 of 1975 (for short the Act), where the maximum punishment is imprisonment for life, which is triable exclusively by the Court of Session, can the Chief/Additional Chief Judicial Magistrate, who can award maximum sentence of seven years in view of Section 29 of the Code of Criminal Procedure 1973 (for short the Code), try the case himself or commit it to the Court of Session, is the short point for consideration under present criminal revision by one of the accused.

(2.) The Additional Chief Judicial Magistrate by is order dated 23-9-1985 held that he need not commit the case to the Court of Session, rather he would try it himself, where as in revision against that order it was held by the Additional Sessions Judge in his order dated 10-12-1986 that the Additional Chief Judicial Magistrate must refer it to the Court of Session as the case was triable exclusively by the Court of Session. Against that order of Additional Sessions Judge present Criminal Revision has been filed. The prayer is that the impugned order directing the Additional Chief Judicial Magistrate to commit the case to the Court of Session may be set aside.

(3.) The factual matrix in brief is that in a complaint filed by the Drug Inspector in respect of offence under aforesaid sections of the Act process was issued against the applicant and another. They appeared before the Magistrate concerned. The Drug Inspector made an application that the case may be committed to the Court of Session under Section 209 of the Code as the offence disclosed under the aforesaid Section of the Act, was punishable under Section 27 of the Act (as amended by U.P. Amendment Act No. 68 of 1982) and the Punishment provided was for life imprisonment and the Additional Chief Judicial Magistrate could not pass sentence for life imprisonment or imprisonment for a term exceeding sever years. The Additional chief Judicial Magistrate by his order dated 23-9-1985 held that there was no need to commit the case to the court of session. Against that order of Chief Judicial Magistrate, Union of India filed revision which was allowed by the impugned order and Chief Judicial Magistrate was directed to commit the case to the Court of Session.