IMPORTANT POINT
The court established that under the Drugs and Cosmetics Act, no court inferior to a Sessions Court can try offenses under Chapter IV, and any sentence imposed must adhere to the minimum requirements set forth in the Act.

ORDER :

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to set aside the order passed by the Learned III Additional Sessions Judge, Chennai in Crl.R.C.No.32 of 2016 dated 18.04.2017, in so far as, the said order passed is without jurisdiction and authority of law and the said court had committed serious flaw in entertaining criminal revision petition as against the final order passed in C.C.No.2333 of 2015 dated 25.08.2015 passed by the learned X Metropolitan Magistrate, Egmore, Chennai.

This Criminal Original petition has been filed aggrieved by the order passed by the III Additional Sessions Judge, Chennai in Crl RC No.32 of 2016 setting aside the order passed by the X Metropolitan Magistrate Court, Egmore in CC No.2333 of 2015 dated 25.08.2015 and remanding the matter back to the trial Court to frame charges and to dispose of the case in accordance with law.

2. Heard Mr.S.Baskaran, learned counsel for the petitioner and Mr.L.Infant Dinesh, learned Central Government Standing Counsel for respondent.

3. The respondent filed a complaint against the petitioner stating that they have imported drugs without license for 125 entries of various dates from foreign countries without Form 15 and have sold the same. Thereby, the respondent alleged that the petitioner has contravened the provisions of the Drugs and Cosmetics Act (hereinafter called as the “Act”) and consequently, is liable to be punished under the said Act.

4. The private complaint was taken on file in CC No.2333 of 2015 by the X Metropolitan Magistrate Court, Egmore, Chennai and the petitioner pleaded guilty before the Trial Court. The Trial Court acted upon the same and held that the petitioner is guilty of the offences under Section 10(c) and 18(b) of the Drugs and Cosmetics Act read with Rule 13(1) (b) and 27(d) and sentenced the petitioner to undergo simple imprisonment till the raising of the Court and also imposed a fine of Rs.20,000/- and in default three months simple imprisonment and also a fine of Rs.500/-.

5. Pursuant to the above order, the petitioner is said to have deposited the sum of Rs.20,500/-, which was imposed by the Court below.

6. The respondent aggrieved by the above order, filed a Criminal revision before the III Additional Sessions Judge, Chennai. The respondent took a stand that the Trial Court after considering the voluntary admission of the accused should have convicted the petitioner for each bill of entry separately and whereas, the trial court had imposed a flee bite punishment on the petitioner. The III Additional Sessions Judge by order 18.04.2017 has set aside the judgment of the Trial Court and remanded the matter back to the file of the Trial Court. Aggrieved by the same, the present petition has been filed before this Court.

7. The main ground that was raised by the learned counsel for the petitioner is that the Court below ought not to have entertained the criminal revision when there is a remedy of appeal provided under Section 377 of Cr.PC. It was further contended that a single complaint was filed for 125 entries and hence, the Court below was not right in coming to a conclusion that 125 separate offenses were committed by the petitioner.

8. This Court has carefully considered the submissions made on either side and also perused the materials placed before this Court.

9. The petitioner had pleaded guilty before the Trial Court and pursuant to the same, the Trial Court passed the following order :-

In the result, the accused is found guilty of the offence u/s.10(c) & 18(b) of the Drugs and Cosmetics Ac r/w rules 13(1) (b) and 27(d) of the Act, and he is sentenced to undergo simple imprisonment till raising of Court (I.T.R.C) and also imposed to pay a fine of Rs.20,000/-, in default simple imprisonment for 3 months and also to pay a fine of Rs.5,00/- for publication charges (Total fine Rs.20,000+ 500 = 20,500/-)

10. The Trial Court failed to see that Section