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2013 Supreme(Ker) 500

K.HARILAL
Zest Pharma – Appellant
Versus
Drug Inspector – Respondent


Advocates appeared:
For the Petitioners:P.V. Kunhikrishnan, Advocate.
For the Respondents: Liju V. Stephen, Public Prosecutor.

Judgment :

1. Though the revision petitioners in all these revision petitions are different and the crimes from which these warrant cases arose are also different, the legal issue involved in these revision petitions are one and the same. Therefore, these revision petitions can be heard together and disposed of by a common order. In all these revision petitions, the respective accused are charge sheeted for the offence punishable under Sec.18(a) (i) read with Sec.27(d) of the Drugs and Cosmetics Act, 1940 (for short 'the Act'). The prosecution allegation against each revision petitioner is that the drugs taken from their possession are 'not of standard quality' and thereby committed the offence punishable under Sec.18(a)(i) read with Sec.27(d) of the Drugs and Cosmetics Act, 1940. But, the respective Magistrate courts committed those cases to the concerned Sessions Courts on a finding that after the commencement of the Drugs and Cosmetics (Amendment) Act, 2008 (Act 26 of 2008) with effect from 10/08/2009, these offences are not triable by a Magistrate's Court; but shall be tried only by Sessions Courts. Consequently, these cases now stand committed to respective Sessions Court. The







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