Section 27(d) – Trial of Offences Case: Kwality vs. DI, Thiruvallur (Madras High Court)
1. The petitioner filed a petition under Section 482 of the CrPC challenging the order of the Chief Judicial Magistrate (CJM) committing the case to the Court of Session.
2. The alleged offence was under Section 18(i)(a) read with Section 27(d) of the Drugs and Cosmetics Act, 1940.
3. Section 27(d) provides for imprisonment up to 2 years and fine.
4. Under Section 32(2) of the Act, if any other provision of the Act specifically provides for trial by another court, Section 32(2) must yield to that provision.
5. The relevant provisions are Sections 36A and 36AB.
6. Section 36A provides for summary trial of specified offences.
7. Therefore, the case cannot be committed to the Court of Session. It must be tried by the court/judge specifically notified for summary trials.
8. Result: The petition was allowed.
Regards,
Lalit Kumar Goel
Former State Drugs Controller, Haryana
