Punjab-Haryana High Court
State Of Haryana Through Senior Drug ... vs Sushil Aggarwal And Another on 26 September, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM-A 589-MA of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc.-A 589-MA of 2012(O&M)
Date of Decision: September 26, 2012.
State of Haryana through Senior Drug Inspector.
...... APPELLANT(s)
Versus
Sushil Aggarwal and another.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sandeep S.Mann,
Advocate, for applicant-appellant.
*****
RAM CHAND GUPTA, J.(Oral)
The present application and appeal have been filed under Section 378(5) of Code of Criminal Procedure for granting Special Leave to Appeal against the judgment of acquittal dated 05.03.2012 passed by learned Chief Judicial Magistrate, Jhajjar in complaint under the Drugs and Cosmetics Act, 1940 and Rules, 1945 without approaching the court of sessions.
In view of the amended provision of Section 372 of Code of Criminal Procedure, the applicant-appellant can prefer appeal before court of sessions against judgment of acquittal passed by a Magistrate.
Hence, in this view of the matter, the present application and CRM-A 589-MA of 2012 2 appeal are disposed of with liberty to applicant-appellant to approach court of Sessions.
However, in case an application for condonation of delay is filed, the period spent by applicant-appellant in pursuing this application in this Court may be taken into consideration.
( RAM CHAND GUPTA ) September 26, 2012. JUDGE 'om'