Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Drugs and Cosmetics Act, 1940 ss. 18, 19, 27
Judgment
Shri Sandeep Tandon, Advocate, present for the petitioners. Shri M.A.Khan, Brief Holder, present for the State. Heard. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of proceedings of Criminal Complaint Case No. 1223 of 2004 State vs. Naval Arora and others, relating to offence punishable under section 18/27 of Drugs and Cosmetics Act, 1940, pending before Judicial Magistrate /Chief Judicial Magistrate, Pithoragarh. Having considered submissions of learned counsel for the parties, this court is of the view that the plea of innocence raised by the petitioners can be pleaded before the trial court, including the claim of benefit of Sub Section (3) of Section 19 of the Act. Accordingly, the petition under section 482 of Cr.P.C., is dismissed with the observation that if the petitioners surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, if they are not already on bail. It is further observed that the aforesaid plea of Sub Section (3) of Section 19 Drugs and Cosmetics Act, 1940, may be raised by the petitioners before the trial court at the time of the framing of the charge. Registry is directed to inform the court concerned.
02.07.2010 NP
(P.C.P., J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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