PANKAJ GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C., 1973 has been filed on behalf of the petitioners being aggrieved with the order dated 23.8.2017 passed by the Chief Judicial Magistrate, Sri Ganganagar (for short 'the court below') whereby, while accepting the complaint filed by the Drug Inspector, the court below took cognizance against the petitioners for the offences punishable under Sections 27(d), 28-A and 22(3) of the Drugs and Cosmetics Act and has summoned them through warrants of arrest. Learned counsel for the petitioners has submitted that the Chief Judicial Magistrate, Sri Ganganagar has erred in summoning the petitioners through warrants of arrest at the first instance. It is also submitted that the offences, for which, cognizance has been taken against the petitioners carry a maximum punishment of three years and as per the law laid down by the Honourable Supreme Court in the case of Indra Mohan GoswamiOrs. Vs. Govt. of UttaranchalOrs., reported in 2008 Cr.L.R. (SC) 574, the petitioners should have summoned through bailable warrants at the first instance. Learned Public Prosecutor has opposed this criminal misc. petition.

(2.) Having heard learned counsel for the parties, this criminal misc. petition is allowed. The order dated 23.8.2017 passed by the Chief Judicial Magistrate, Sri Ganganagar is set aside to the extent of summoning the petitioners through warrants of arrest. It is made clear that the order of taking cognizance against the petitioners for the offences punishable under Sections 27(d), 28-A and 22(3) of the Drugs and Cosmetics Act has not been interfered with. The petitioners are directed to appear before the Chief Judicial Magistrate, Sri Ganganagar within a period of six weeks from today and furnish bail bonds to his satisfaction. It is made clear that if the petitioners fail to appear before the Chief Judicial Magistrate, Sri Ganganagar within a period of six weeks from today, the order dated 23.8.2017 passed by the Chief Judicial Magistrate, Sri Ganganagar summoning the petitioners through warrants of arrest shall automatically be revived.