Supreme Court of India: Offences under Chapter IV of Drugs and Cosmetics Act triable only by Sessions Court

New Delhi: The Supreme Court on Friday ruled that offences related to the manufacture and sale of drugs under Chapter IV of the Drugs and Cosmetics Act, 1940 cannot be tried by a Magistrate and must be heard by a court not inferior to a Sessions Court.

Key ruling

A Bench of the apex court clarified that the statutory scheme of the Act makes it mandatory for such offences to be tried by a higher court, given the seriousness of violations involving drug quality, public health, and safety.

The Court observed that provisions under Chapter IV deal with stringent regulatory requirements concerning the manufacture, distribution and sale of drugs. Violations under these sections often attract severe penalties, including substantial imprisonment terms, which warrant trial before a

Sessions Court.

Interpretation of legal provisions

The Bench examined the language of the Act and noted that the legislative intent was clear in prescribing that no court inferior to that of a Court of Session shall try offences punishable under the relevant provisions of Chapter IV.

The Court emphasised that procedural compliance is essential in criminal trials and that cases instituted before Magistrates, contrary to the statutory mandate, would not be legally sustainable.

Impact of the judgment

The ruling is expected to have significant implications for pending and future prosecutions under the Drugs and Cosmetics Act. Cases currently being tried by Magistrates may now have to be committed to Sessions Courts in accordance with the Supreme Court’s interpretation.

Legal experts say the decision reinforces the seriousness with which drug-related offences are to be treated, particularly those concerning spurious or adulterated medicines that can endanger public health.

Background

Chapter IV of the Drugs and Cosmetics Act, 1940 governs standards of drugs and cosmetics, including licensing requirements and penalties for the manufacture or sale of substandard or misbranded products.

With this ruling, the Supreme Court has provided clarity on jurisdictional issues, ensuring uniform application of the law across the country.