1. Accused Nos.1 and 2 in Spl.S.C.No.13 of 2018, on the file of I Additional District and Sessions Judge, Krishna at Machilipatnam, filed this petition under Section 482 of Cr.P.C. to quash the order passed by the Court below in Crl.M.P.No.391 of 2018 in Spl.S.C.No.13 of 2018.

2. The petitioners are the accused for the offences under Section 18(c) punishable under Section 27(b)(ii), Section 18(b) punishable under Section 27(d) and Section 18 (a)(vi) read with Rule 74(o) read with Schedule M, punishable under Section 27(d) of the Drugs and Cosmetics Act (for short, ‘the Act’).

3. The petitioners filed Crl.M.P.No.4441 of 2016 before the Additional Judicial Magistrate of First Class, Jaggaiahpet, in the complaint filed by the Drug Inspector, to register the complaint as a Calendar Case, instead of P.R.C. The Magistrate dismissed the petition by order dated 22.02.2016. Aggrieved by the order of dismissal, the petitioners herein preferred Criminal Revision Petition No.8 of 2017 before the XVI Additional District and Sessions Judge, Nandigama, Krishna District. The District Judge dismissed the Criminal Revision Petition, vide order dated 15.03.2017, while confirming the order dated 22.02.2016. Aggrieved thereby, the petitioners preferred Criminal Petition No.5641 of 2017, before this Court, to quash the dismissal order dated 15.03.2017. This Court, while disposing of the Criminal Petition on 02.02.2018, held that the offences under Section 27 (b) and 27(d) of the Act are triable by a Magistrate and requested the Sessions Court to frame appropriate charge against the accused and dispose of in terms of Section 228 Cr.P.C.

4. Thereafter, the petitioners filed a petition under Section 228 of Cr.P.C. read with Section 36 AB of the Act, in Special S.C.No.13 of 2018 to frame charges and transfer their case to the Additional Judicial Magistrate of First Class, Jaggaiahpet, Krishna District, alleging that the Drug Inspector of Vijayawada (Mfg.), Vijayawada, Andhra Pradesh, has filed a complaint in the Court of the Additional Judicial Magistrate of First Class, Jaggaiahpet, Krishna District, against Accused Nos. I to 4 (petitioners are Accused Nos.1 and 2), for contravention of Section 18(c), punishable under Section 27(b)(ii); Section 18(b) punishable under Section 27 (d) and Section 18(a)(vi) read with Rule 74(o) read with Schedule “M” of Drugs and Cosmetics Act, 1945 as amended. The offences allegedly committed by these petitioners are classified in Part II of First Schedule of Cr.P.C., and are punishable with imprisonment for three years and upwards but not more than seven years. They are cognizable, bailable and triable by the Judicial First Class Magistrate. The offences punishable under Section 27 (b)(ii) and 27 (d) are not covered by Section 36 AB and the G.O. issued by the Government in exercise of power under Section 36 AB of the Act and therefore issue is directly covered by the judgment of this Court in M/s. GABA Pharmaceuticals Private Limited, Hyderabad and others v. Union of India (1) 2016 (1) ALT (Crl.) 18 (A.P.) = 2016 (1) ALD (Crl.) 980 and the petitioners requested to pass appropriate orders framing charges against the petitioners and transfer the case to the Additional Judicial Magistrate of First Class, Jaggaiahpet.

5. The respondents filed counter denying the material allegations inter alia contending that these petitioners have contravened Chapter IV of the Act, which deals with manufacture, sale and distribution of drugs (and cosmetics) covered under Sections 16 to 33-A and Chapter V, which deals with miscellaneous matters of the said Act. Section 32 of the Act deals with the cognizance of offences. Sub-Section 2 of Section 32, incorporated by the amendment as per Act 26 of 2008 with effect from 10.08.2009, wherein it is made clear that no Court inferior to that of a Court of Session shall try an offence punishable under this Chapter IV of the Act. Therefore, the Sessions Court alone is competent to try the offen