Magistrate can Take Cognizance, but Sessions Court Must Conduct Trial: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that while a Magistrate can take cognizance of offences under the Drugs and Cosmetics Act, 1940, the trial must be conducted by a Sessions Court.

Justice Sanjay Dhar held that the Chief Judicial Magistrate (CJM), Anantnag, erred by issuing process against pharmaceutical companies outside its jurisdiction without conducting a mandatory preliminary inquiry under Section 202 CrPC.

The case involved M/S Nava Healthcare Pvt. Ltd. and M/S Mancare Laboratories Pvt. Ltd., accused of marketing and manufacturing substandard drugs.

The High Court set aside the proceedings, directing the trial court to conduct an inquiry before proceeding further.