S MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS criminal revision petition is directed against the judgment dated 12/2/2007 passed by learned Chief Judicial Magistrate Dausa, District Dausa whereby he committed the case to the Court of Sessions and the order dated 7/11/2007 passed by the learned Additional District & Sessions Judge (Fast Track), Bandikui whereby, charges against petitioner No. 1 for offence u/s. 17b read with Section 27 (A) and petitioner No. 2 for offence under Sections 18a, 18b read with Sections 28 and 28a and 17b read with Section 27 (A) of the Drugs and Cosmetics Act, 1940 (for short the "act"), have been framed.

(3.) AS regards the first argument of the learned counsel for the petitioners that it is only the Court of Magistrate of Ist Class which is competent to try offences punishable under the Act, the provision of the said Act cannot be interpreted so as to completely oust the jurisdiction of a superior court even if the offence for which a cognizance has been taken against the accused or charge is punishable by 7 years or more or even imprisonment of life which according to the provisions contained in List-II of the Second Schedule is triable by the Court of Sessions. I am not inclined to uphold the argument that such question should be allowed to be left open to be raised for the petitioners at the time of imposing sentence. The provision as contained in Section 4 of the Cr. P. C. inter-alia provides as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" 4. Trial of offences under the Indian Penal Code and other laws.- (1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. "