IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 05.04.2024 CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.RC.Nos.646 to 648 & 651 of 2024 and Crl.MP.Nos.6153, 6155, 6156 & 6159 of 2024 P.Sornalakshmi ...Petitioner in Crl.RC.No.646 of 2024 M.Subbulakshmi ...Petitioner in Crl.RC.No.647 of 2024 A.Nanjundasamy ...Petitioner in Crl.RC.No.648 of 2024 Jayaprakash ...Petitioner in Crl.RC.No.651 of 2024 Vs.

State of Tamil Nadu Rep. By, Drugs Inspector, Tiruppur Range, Office of Assistant Director of Drugs Control, No.219, Race Course Road, Coimbatore-18. ...Respondent in Crl.RC.No.646/2024 State of Tamil Nadu Rep. By, Drugs Inspector, Udumalpet Range, Office of the Drugs Inspector, Coimbatore South Zone–219, Race Course Road, Coimbatore-18. ...Respondent in Crl.RC.No.647/2024 State of Tamil Nadu Rep. By, Drugs Inspector, Tiruppur Range, Office of Assistant Director of Drugs Control, Coimbatore South Zone, 219, Race Course Road, Coimbatore – 18. ...Respondent in Crl.RC.No.648/2024 State of Tamil Nadu Rep. By, Drugs Inspector, Udumalpet Range, Office of Assistant Director of Drugs Control, No.219, Race Course Road, Coimbatore-18. ...Respondent in Crl.RC.No.651/2024 Prayer in Crl.RC.No.646 of 2024: Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to set aside the order dated 17.03.2023 in PRC.No.38 of 2022 on the file of the Chief Judicial Magistrate at Tiruppur.

Prayer in Crl.RC.No.647 of 2024: Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to set aside the order dated 06.06.2023 in PRC.No.22 of 2023 on the file of the Chief Judicial Magistrate at Tiruppur.

Prayer in Crl.RC.No.648 of 2024: Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to set aside the order dated 11.09.2023 in PRC.No.60 of 2023 on the file of the Chief Judicial Magistrate at Tiruppur.

Prayer in Crl.RC.No.651 of 2024: Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to set aside the order dated 06.06.2023 in PRC.No.23 of 2023 on the file of the Chief Judicial Magistrate at Tiruppur.

In all Crl.RC's.:

For Petitioners : Mr.K.Sudhakar For Respondent : Mr.A.Gopinath, GA (Crl. Side)

COMMON ORDER

Since the issued involved in all these criminal revisions are similar in nature, they are disposed of by way of this common order.

2. When the matters were taken up for consideration, learned counsel for the petitioners brought to the notice of this Court the order passed by a coordinate Bench of this Court in Crl.O.P.No.9010 of 2023 dated 11.01.2024, wherein similar issue has been considered and orders/ clarifications have been passed and, therefore, submits that the benefit of the said order may be given to the petitioners as well.

3. Learned Government Advocate (Crl. Side) appearing for the respondents fairly conceded that the relief sought for is squarely covered by the order passed in Crl.O.P.No.9010 of 2023 and, therefore, similar order may be passed.

4. For better appreciation, the relevant paragraph of the order passed by this Court in Crl.O.P.No.9010 of 2023 dated 11.01.2024 relied upon the learned counsel for the petitioners is extracted hereunder:-

"3. The Court below had taken cognizance of the complaint filed by the respondent for offences under Section 18(c) read with Section 27(d) of the Drugs and Cosmetics Act, 1940 (for short, the Act). After having taken cognizance, the Court below took note of Section 32 of the Act and came to the conclusion that the offences are exclusively triable by a Court of Sessions in view of Section 32(2) of the Act and hence, decided to commit the case before the Court of Sessions. Aggrieved by that, the petitioner is before this Court.

4. In the instant case, the petitioner is facing charges for an offence under Section 27(d) of the Act, which is punishable with a maximum imprisonment of two years and with fine. This offence comes within the scope of Section 36A of the Act. However, the Court below came to the conclusion that by virtue of Section 32 of the