Drugs and Cosmetics Act, 1940 — Section 32(2) and 36-A — Trial of offences — Section 32(2) mandates that no court inferior to the Court of Session shall try an offence punishable under Chapter IV — Section 36-A provides for summary trial by Judicial Magistrate First Class for offences not exceeding three years, but specifically excludes offences triable by Special Court or Court of Sessions — Therefore, Section 36-A is not applicable to offences triable by Court of Session, and commitment of case to Sessions Court by JMFC is not illegal.
2026 INSC 171 SUPREME COURT OF INDIA DIVISION BENCH M/S SBS BIOTECH AND OTHERS Vs. STATE OF HIMACHAL PRADESH ( Before : Prashant Kumar Mishra and Vipul M. Pancholi, JJ.…





