1. Learned counsel appearing for the petitioner(s) submits that
even from the admitted allegations, the offence punishable under
Section 18a(vi) of the Drugs and Cosmetics Act, 1940 [for short
“The Act”] is not made out. He urges that the highest case as set
up by the complainant-Drug Inspector in the complaint filed against
the petitioner(s) is regarding irregularity in maintenance of
record and non-furnishing of information which constitutes an
offence under Section 18B of the Act. The said offence is
punishable with imprisonment for a term which may extend to one
year as per Section 28A of the Act. As a consequence by virtue of
Section 36A of the Act, the offence would have to be tried by a
Judicial Magistrate of 1st Class in a summary manner and the
Sessions Judge is not having jurisdiction to try the case.