BHUPINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners seek the quashing of the complaint filed the Drugs and Cosmetics Act, 1940 ( for short the Act) and Rules framed thereunder. A copy of the impugned complaint has been placed on record as annexure P1. The averments made in this petition filed under section 482 of the Code of Criminal Procedure are that the criminal complaint filed by the State through the District Drugs Inspector, Karnal in the Court of Chief Judicial Magistrate, Karnal seeking the prosecution of the petitioners under various sections of the Act, namely, Section 18(c), read with rule 65(18) of the Rules framed under the Act punishable under section 27(d) of the Act; under Section 18(c) of the Act read with Rules 65(17) and 11(0) of the Rules punishable under Section 27(d) of the Act; under Section 18(A) of the said Act punishable under section 28 of the Act and lastly under section 19(B) of the Act read with rules 65(3), 65(4) and 65(5) of the said Rules punishable under section 28 -A of the said Act, was taken cognizance of the Chief Judicial Magistrate, Karnal who was not specially empowered by the State Government under section 36 -A of the Act to try such offences of the Act which are punishable with imprisonment upto three years.

(2.) NOTICE of motion was issued to the respondent who put in appearance through the learned AAG for the State of Haryana -respondent.

(3.) I have heard learned counsel for the petitioner and learned AAG for the State of Haryana and have perused the records of the case. Section 36 -A of the Act lays down as under :