Jammu & Kashmir High Court - Srinagar Bench
Jackson Laboratories Private vs Union Territory Through Drug on 9 February, 2026
Serial No. 08
REGULAR LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 43/2026 CrlM(90/2026)
JACKSON LABORATORIES PRIVATE ...Petitioner/Appellant(s)
LIMITED
Through: Mr. Varut Kr. Gupta, Advocate
Vs.
UNION TERRITORY THROUGH DRUG ...Respondent(s)
INSPECTOR ANANTNAG HQ Through:
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDE R 09.02.2026
1. Heard learned counsel for the petitioner.
2. It is submitted by the learned counsel for the petitioner that the cognizance taken by the Court of learned Additional Sessions, Anantnag, on the trial complaint is bad under law in view of the provisions of Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 193 of the Code of Criminal Procedure, 1973 (now repealed). He submits that as per the provisions of Section 32 of the Drugs and Cosmetics Act, 1940, a Court of Sessions is empowered to take cognizance of offences under the said Act, however, the Act nowhere provides that the competent Court of Sessions can take cognizance of the complaint without the accused being committed to it. It is submitted that cognizance taken by the Court of learned Additional Sessions Court without the accused being committed to it, is in violation of the provisions of Section 213 BNSS corresponding to Section 193 Cr.P.C (now repealed).
3. Learned counsel, in support of his contention, has placed reliance upon the judgment of this Court titled "Banu Enterprises vs. State of J&K and Others, 2017 Criminal Law Journal 136", wherein it has been held that a complaint cannot be straightway filed before the Designated Court, i.e., the Court of Sessions, for offences under the Drugs and Cosmetics Act, 1940.
4. Having regard to the legal issue as pinpointed by learned counsel for the petitioner, this Court is of the considered opinion that it would meet the ends of justice if the impugned order of cognizance dated 19.03.2019 is set aside and the learned trial court is directed to return the complaint to the complainant, i.e., the State through the Drug Inspector, Anantnag (Headquarters J&K), with liberty to represent the said complaint in accordance with law.
5. Accordingly, the instant petition is disposed of at this threshold stage by setting aside the cognizance order dated 19.03.2019 passed therein along with all subsequent orders, with a further direction to the learned Designated Court, i.e., the Court of Additional Sessions, Anantnag, to return the complaint to the complainant with liberty to represent the same in accordance with law.
6. Disposed of.
(MOHD YOUSUF WANI) JUDGE SRINAGAR:
09.02.2026 "Mubashir"