ZULFIQAR ALI Vs. TAWKEER YOUSUF KHAN

JUDGEMENT

(1.) The instant Criminal Revision has been preferred against order dtd. 24/7/2017 passed by the learned Chief Judicial Magistrate (1st Class), Banihal in File No.22/Complaint titled Drugs Inspector, Ramban vs Tawkeer Yousuf Khan whereby the trial court has discharged respondent from the charges leveled against him.

(2.) The main ground of challenge to the impugned order is that the learned CJM, Banihal is not competent to conduct the trial as the complaint was triable by Sessions Court in view of Sec. 18(c) read with Sec. 27(b)(ii) of the Drugs and Cosmetics Act, 1940. The order of the court below is also wrong as the court below has not properly appreciated the material and the evidence produced on record.

(3.) I have considered the rival contentions of learned counsel for the parties.