DILIP PAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The short question which arises in this case is whether the case which has been instituted against the petitioner in the Court of the Special Judge is triable by him or not. The ancillary question which arises is whether if the trial is to be conducted by the Sessions Judge, the case should be filed through the Magistrate and committed by the concerned Magistrate or could be directly instituted before the Sessions Judge.

(2.) The undisputed facts are that the petitioner is charged with having committed an offence of violating Section 18(c) of the Drugs and Cosmetics Act, 1940. This offence is punishable under Section 27(b)(ii) of the said Act.

(3.) Section 18(c) reads as follows: