Mrs.Sugano Kumari v. The State Rep By The Drug Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 17062 OF 2025,CRL MP NO. 17063 OF 2025 Mrs.Sugano Kumari W/o.Chunn Lal, Proprietrix of M/s. Sujal Pharamaceuticals, 75/07, 1st Floor, 1st main Road, Near Govt School, 4th Phase, Yelahanka New Town, Bengaluru-560064. Petitioner(s) Vs The State rep by The Drug Inspector The Drug Inspector, Poonamalle Range, Formerly Poonamalle I Range, O/o the Assistant Director of Drugs Control, Thiruvallur Zone, No.201, First Floor, J.N. Road, Thiruvallur-602001.

Respondent(s) PRAYER To set aside the committal proceedings intiated by docket order dated 04.05.2023 passed by the Learned Chief JM, Tiruvallur converting the C.C.No.334 of 2022 into P.R.C.No.24 of 2023.

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For Petitioner(s):

Mr.P.Ramesh Kumar For Respondent(s):

Dr.C.E.Pratap, Govt. Advocate (Crl. Side)

ORDER

Challenging the committal proceedings initiated by docket order dated 04.05.2023 by the learned Chief Judicial Magistrate, Tiruvallur converting C.C.No.334 of 2022 into P.R.C.No.24 of 2023, the petitioner preferred this Criminal Revision Case.

2. Today, when the matter taken up for hearing, learned counsel for petitioner/accused would submit that the petitioner was charged under Sec.18(c) r/w Sec. 27(d) of Drugs and Cosmetics Act, 1940, which prescribes two years punishment and the same can be tried by learned Judicial Magistrate, but the trial judge had erroneously committed the case to Court of Sessions and converted the C.C.No. 334 of 2022 into Preliminary Register Case as P.R.C.No.24 of 2023. Challenging the said order, now the petitioner preferred this Criminal Revision Case.

3. On seeing the facts, since the punishment is below three years under the said Act, the learned Magistrate alone can decide the same and it does not require any committal proceedings, however, the prosecution also admitted the 2/4

said fact. So, for the like nature of offence, Magistrate Court alone can try the case. Hence, the impugned conversion into P.R.C.No. 24 of 2023 by the learned Chief Judicial Magistrate is liable to be set aside. Accordingly, this Criminal Revision Case is allowed and the findings rendered in a docket order dated 04.05.2023 converting C.C.No.334 of 2022 into P.R.C.No. 24 of 2023 is set aside. Consequently, the connected Criminal Miscellaneous Petitions are closed. 25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Chief Judicial Magistrate, Tiruvallur.

2. The Drug Inspector, Poonamalle Range, Formerly Poonamalle I Range, O/o the Assistant Director of Drugs Control, Thiruvallur Zone, No.201, First Floor, J.N. Road, Thiruvallur-602001.

3. The Public Prosecutor, High Court, Madras. 3/4

T.V.THAMILSELVI J.

rpp CRL RC No. 1674 of AND CRL MP NO.

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