ASHA RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482 Code Criminal Procedure has been filed by the petitioners against the judgment dated 9.12.2002 passed by the learned Chief Judicial Magistrate, Pali in Criminal Case No. 522/1991 (State Vs. Asha Ram) for the offence under sections 18(a)(1) r/w 16, 17 and 27(d) of Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act of 1940') by which the learned Chief Judicial Magistrate, Pali taking recourse of Sec. 36(a) of the Act of 1940 ordered for de novo trial when the case was posted for hearing final arguments.

(2.) It arises in the following circumstances :

(3.) Learned counsel for the petitioners has raised mainly two submissions that :