JASRAJ CHOPRA. J. - (1.) THIS revision is directed against the order of the learned Chief Judicial Magistrate, Pali dated 13. 8. 1981 whereby the learned Magistrate, has committed the case for trial to the court of Sessions Judge, Pali as the offence under ss. 18 (a) (i), (ii), (iia), (iii) and (vi) read with s. 27 (a) (i) and 27 (b) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act') are punishable with imprisonment for life whereas the offence under s. 18a read with s. 28, of the Act is punishable with one year's rigorous imprisonment.
(2.) THE Schedule-I appended to the Code of Criminal Procedure, 1973 provides that the offences punishable more than 7 years rigorous imprisonment are triable by the Court of Sessions and, therefore, the learned Chief Judicial Magistrate has committed this case for trial to the court of Sessions Judge, Pali. It has been contended by Mr. Champawat, the learned counsel appearing for the petitioner that the Act provides that no Court inferior to that of Ma-tropolitan Magistrate or of a Judicial Magst. of the First Class shall try an offence punishable under this Chapter. He has submitted that the special law must over-ride the general law and, therefore, the learned Magistrate has committed an error in committing this case to the court of Session. In this respect, he has placed reliance on a decision of this Court in S. B. Criminal Revision Petition No. 68 of 1982, Shantilal Seni v. State of Rajasthan, decided on 16. 1. 1979. That was a case under s. 18 (1), (2) and (3) of the Act. It is mentioned in the judgment that s. 26 of the Act provides that such an offence is triable by the court of First Class Magistrate and, therefore, it was wrong on the part of the learned Magistrate to commit this case for trial to court of Sessions. Actually, there are no offences under s. 18 (1), (2) and (3 ). S. 18 has no sub-sec. like (1), (2) and (3 ). Actually, it has three sub-sections (a), (b) and (c ). The offences under s. 18 (a) (i), (ii), (iia), (iii) and (vi) are punishable under s. 27 of the Act for a term which may extend to three years or with fine or with both, No offence under s. 17, 17a and 17b has been made out against the accused. Nor there is an allegation of an offence under s. 18 (c) of the Act and, therefore, the punishment of life imprisonment provided by S. 27a has no application to the facts of the present case. Thus", as per the Schedule I appended to the Code of Criminal Procedure, which provides that the offences punishable with imprisonment for three years are triable by the court of First Class Magistrate, this case should not have been committed to the court of Sessions. In committing this case to the court of Sessions, the learned Magistrate has committed an error and so, the impugned order dated 13. 8. 1981 cannot be sustained. In the result, I accept this revision and set aside the order of the learned Chief Judicial Magistrate, Pali dated 13. 8 1981. The case is remanded back to the court of learned Chief Judicial Magistrate, Pali for trial in accordance with law. Let the record of the case be sent back to the learned lower courts forthwith. .;