Legal Question in Criminal Law in

In the case of drug and cosmetic act 1940, section 27, who has the jurisdiction to try the offence- sessions judge or the chief judicial magistrate? I wanted to confirm because in the ruling of Ravindra Prakash V/S Union of India(Allahabad high court) 1984, it has been decided that only session judge has the power to try the case. Has this judgement ever been overruled? What is the present stand of the court in this Act?


Asked on 10/04/10, 9:40 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there are designated courts to try the cases under drugs and cosmetics act. in Delhi, the court of chief metropolitan magistrate CMM is authorized to take cognizance of the case or transfer it to any other magistrate of competent jurisdiction. in case of CBI, it is the CMM who tries the case.

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Answered on 10/04/10, 10:53 am


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