Jasraj Chopra, J.@mdashThis petition is directed against the order of the learned Chief Judicial Magistrate, Pali dated 13-8-1981 where by the-teamed Magistrate has committed the case for trial to the court of Sessions Judge. Pali as the offences under Sections 18(a)(i)(ii)(iia) (iii) and (vi) read with sec-27(a)(i) and 27(b) of the Drugs and Cosmetics Act, 1940 (here in after referred to as ''the Act'') are punishable with imprisonment of life where as the offence u/s 18A read with Section 28 of the Act is punishable with one year''s rigorous imprisonment.
2. The Schedule I appended to the Code of Criminal Procedure, 1973 provides that the offences punishable with more than 7 years rigorous imprisonment are triable by the Court of sessions and, therefore, the learned Chief Judicial Magistrate has committed this case for trial to the court of Sessions Judge, Pali.
3. It has been contended by Mr. Champawat, the learned Counsel appearing for the petitioner that Section 32 of the Act provides that Court inferior to that of a Metropolitan Magistrate or of a Judicial Magistrate of the first class shall try an offence punishable under this Chapter. He has submitted that the special law must over-ride the general law and, therefore, the learned Magistrate has committed an error in commiting this case to the court of Sessions. In this respect, he has placed reliance on a decision of this Court in S.B Criminal Revision Petition No. 68 of 1982, Shantilal Soni v. State of Rajasthan, decided on 16-1-1979. That was a case u/s 18(1), (2) and (3) of the Act. It is mentioned in this judgment that Section 36 of the Act provides that such an offence is triable by the court of First Class Magistrate and, therefore, it was wrong on the part of the learned Magistrate to commit this case for trial to the court of Sessions. Actually, there are no offences like Section 18(1)(2) & (3). Section 18 has no Sub-sections like (1), (2) and (3). Actually, it has three Sub-sections (a), (b) and (c). The offences u/s 18(a) (i) (ii) (iia) (iii) and (vi) arc punishable u/s 27 of the Act for a term which may extend to three years or with fine or with both. No offence under Sections 17, 17A and 17B has been made out against the accused. Nor there is an allegation of an offence u/s 18(c) of the Act and, therefore, the punishment of life imprisonment provided by Section 27A has no application to the facts of the present case. Thus, as per the Schedule-I appended to the Code of Criminal Procedure, which provides that the offences punishable with imprisonment for three years are triable by the court of first Class Magistrate, this case should not have been committed to the court of Sessions. In committing this case to the court of Sessions, the learned Magistrate has committed an error and so, the impugned order dated 13-8-1981 cannot be sustained.
4. In the result, I accept this revision and set aside the order of the learned Chief Judicial Magistrate, Pali dated 13-8-1981. The case is remanded back to the court of learned Chief Judicial Magistrate, Pali for trial in accordance with law.
5. Let the record of the case be sent back to the learned lower courts forthwith.
