HIRO KANAYALAL HASSANANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision questions the judgment and order passed by the learned Additional Sessions Judge, Greater Mumbai on 5th October, 2011, allowing the appeal against acquittal of the present applicant for the offences punishable under Sections 18A, 18(a), (1) read with section 17 punishable under Section 27 and 28 of the Drugs and Cosmetics Act, 1940, by the learned Metropolitan magistrate, 15th Court, Mazgaon, Mumbai. The learned Additional Sessions Judge not only proceeded to entertain the appeal but also remanded the matter back to the learned Magistrate for trial afresh from the stage of charge.

(2.) The learned Additional Public Prosecutor states that the appeal could not have been filed before the Sessions Court and the learned Sessions Judge should not have entertained the same. The Revision Application is allowed. The impugned order dated 5.10.2011, in Criminal Appeal No. 166 of 2010 passed by the learned Additional Sessions Judge, Greater Mumbai at Sweree, is, therefore, set aside. The State may have recourse to adopt appropriate remedy before appropriate forum.