ASHOKKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. The Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission.

(3.) By this petition, invoking the powers of this Court under Article 227 of the Constitution of India, the petitioners, who are the accused facing the trial in Regular Criminal Case No. 648/1996 from the file of learned Chief Judicial Magistrate, Beed, for the offence punishable under the Drugs and Cosmetics Act, 1940, are impugning the orders passed by the learned Magistrate on their application (Exhibit 38) rejecting their request to continue to try the offence instead of committing it to the Special Court constituted under Section 36- AB of Drugs and Cosmetics Act, 1940 (for short, 'Act') and the subsequent order on the complaint (Exhibit No. 1) purportedly passed under section 209 of the Code of Criminal Procedure, committing the case to the Special Court.