2. Learned Assistant Advocate-General states that to his information no Drug Court is presently functioning and as such this Court can entertain the petition directly filed.
3. Learned Assistant Advocate-General, however argues that this is a matter in which the challan has been directed to be submitted to a Military Court and as such this Court has to no jurisdiction.
The ouster of jurisdiction under Article 212-A of the Constitution is only upon the existence (1) cognizance having been taken by the Military Court in a case to which its jurisdiction extends or (2) the case has been transferred to the Military Court. There is no material before me to show that the Military Court has done anything amounting to the exercise of its jurisdiction so that can be said that that Court has taken cognizance of the case. In fact it is not the case of the prosecution that the report has even reached the Military Court. There is also no order competently made for transferring the case to the Military Court. In the circumstance, this Court's jurisdiction is not ousted.
4. The case against the petitioner attracts offences of misbranding under section 23(1)(a)(i.e), sale of a drug not registered in accordance with the conditions of registration under section 23(1)(a)
(vii), and manufacture for sale a drug not in accordance with the conditions of a licence issued under the Act under section 23(1) (b). These offences are punishable under section 27 by a term of imprisonment which shall not be less than three years or more than ten years. This being so, the prohibition of section 497, Cr. P. C. Is attracted. In regard to the offence under section 411, P. P. C. It is submitted by learned Assistant Advocate-General that the medicines seized include those belonging to the Government stock which had unauthorizedly been received. Although the investigation in the case H is said to be over but considering the nature of the offences which relate to the manner of selling and the genuineness of the medicines and also the fact that the case is very recent I am not inclined to grant the petitioner bail. The application is dismissed.