Cognisance Under Drugs Law: Bombay High Court Reaffirms Committal Requirement
1 min read
Mar 28, 2026

The Bombay High Court has clarified that a Sessions Court cannot assume direct cognisance of offences under the Drugs and Cosmetics Act, 1940 in the absence of committal by a Magistrate, holding that in the absence of any express statutory departure, the procedural mandate under Section 193 of the Code of Criminal Procedure governs and must be strictly followed, thereby reinforcing that special statutes do not impliedly override foundational criminal procedure unless explicitly provided, and that deviation from the prescribed committal framework vitiates jurisdiction by bypassing the statutory hierarchy of criminal adjudication.

