J&K High Court Clarifies: Drug Offences Punishable up to Three Years Must Be Tried by Special Magistrate

The Jammu & Kashmir High Court has held that offences under the Drugs and Cosmetics Act carrying a maximum punishment of up to three years, such as those under Section 27(d), fall within the jurisdiction of a Judicial Magistrate First Class empowered under Section 36-A.

Justice Sanjay Dhar rejected the petitioner’s contention that Chapter IV offences must be tried exclusively by a Sessions Court, clarifying that the trial forum is governed by the prescribed sentence, not the chapter.

The Court dismissed the petition and allowed the trial before the specially empowered Magistrate to proceed.

[M/S Aristo Laboratories Pvt. Ltd. Vs. UT of J&K]