Case Note & Summary
The petitioners, Mukut Bihari Goyal, Manohar Lal Sharma, and M/s Smilax Pharmaceuticals, challenged an order dated 16.10.2019 passed by the Judicial Magistrate First Class, Majalgaon, which allowed the prosecution's application to commit the case to the Sessions Court. The case originated from a complaint filed on 04.03.2005 by the Drug Inspector alleging that a sample of the drug Lupizyme 200 ml, manufactured by the petitioners, was not of standard quality, constituting an offence under Section 18(a)(i) read with Sections 16 and 34 of the Drugs and Cosmetics Act, 1940, punishable under Section 27(d) of the Act. The Magistrate had issued process on the same date. Subsequently, the prosecution filed an application below Exhibit 16 seeking committal to the Sessions Court, which was allowed. The petitioners argued that the Magistrate lacked jurisdiction to commit the case because the offence under Section 27(d) is triable by a Magistrate, not exclusively by the Court of Session, and that Section 209 of CrPC was inapplicable. They also contended that the prosecution was not maintainable as the Drug Inspector had not obtained prior sanction under Section 32 of the Act. The High Court agreed, holding that the Magistrate exceeded his jurisdiction by committing the case and that the prosecution was invalid without the requisite sanction. Consequently, the impugned order was quashed, and the complaint and proceedings in RCC No.41/2005 were set aside.
Headnote
A) Criminal Procedure - Committal Proceedings - Jurisdiction of Magistrate - Section 209 CrPC - The Magistrate committed the case to Sessions Court despite the offence under Section 27(d) of the Drugs and Cosmetics Act, 1940 being triable by a Magistrate. Held that the Magistrate exceeded his jurisdiction as Section 209 CrPC applies only to cases exclusively triable by the Court of Session, which this was not. (Paras 7-9) B) Drugs and Cosmetics Act - Sanction for Prosecution - Section 32 - The complaint was filed by a Drug Inspector without prior sanction of the Central Government or State Government as required under Section 32 of the Act. Held that the prosecution was not maintainable without such sanction. (Paras 10-11) C) Criminal Procedure - Committal Order - Quashing - The impugned order dated 16.10.2019 committing the case to Sessions Court was set aside as it was without jurisdiction and the prosecution lacked valid sanction. The complaint and proceedings in RCC No.41/2005 were quashed. (Paras 12-13)
Issue of Consideration
Whether the learned Judicial Magistrate First Class had jurisdiction to commit the case to the Sessions Court under Section 209 of CrPC when the offence under Section 27(d) of the Drugs and Cosmetics Act, 1940 is triable by a Magistrate, and whether the prosecution required sanction under Section 32 of the Act.
Final Decision
The impugned order dated 16.10.2019 passed by the learned Judicial Magistrate First Class, Majalgaon is quashed and set aside. The complaint and proceedings in RCC No.41/2005 are also quashed. Rule is made absolute accordingly.
Law Points
- Committal order without jurisdiction
- Section 32 Drugs and Cosmetics Act
- 1940
- Section 209 CrPC
- Magistrate cannot commit case triable by Magistrate to Sessions Court
- sanction for prosecution required under Section 32
