Appeals Against Acquittal in Complaint Cases Must Be Filed Before the Sessions Court, Not the High Court.

The Drug Inspector, Somalal Amulakh Purohit, inspected the medical store "M/s. Ethico Sales Agency" and alleged that the respondents were selling outdated medicines after relabeling them. A complaint was filed under C.R. No. II–189/1993, and the accused were charged under Section 18(A)(C) of the Drugs Act.

On 30.05.2011, the Chief Judicial Magistrate, Junagadh, acquitted the respondents in Criminal Case No. 2161 of 1984.

The State of Gujarat subsequently filed this appeal against the acquittal directly before the High Court.

1. Whether the appeal against the order of acquittal passed by the Magistrate is maintainable before the High Court in light of the appropriate appellate venue.

2. Whether the matter should be transferred to the Sessions Court for adjudication based on prevailing precedents.

Procedural law regarding appellate jurisdictions under Section 378(4) and Section 372 of the Code of Criminal Procedure, 1973 (CrPC).

Corresponding provisions in Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Precedent established by the Supreme Court in Subhash Chand v. State (Delhi Administration) (2013) 2 SCC 17, which clarifies the proper forum for filing appeals against acquittal orders passed by a Magistrate.

The High Court observed that while the State challenged the acquittal order directly before the High Court under Section 378(4) of the CrPC, the appropriate procedure requires such challenges to be brought before the concerned Sessions Court first.

Referencing Subhash Chand, the Court determined that the appeal was erroneously filed in the High Court. Instead of dismissing the matter on technical grounds after it had been pending for over a decade, the Court exercised its discretion to transfer the proceedings to the correct forum to ensure the interest of justice and procedural propriety.

The Court disposed of the appeal by directing the Registry to transfer the entire case record to the concerned Sessions Court in Junagadh. The Sessions Court was directed to treat the matter as an appeal under the proviso to Section 372 of the CrPC (or Section 413 of BNSS), issue fresh notices to the parties, and endeavor to dispose of the long-pending matter as expeditiously as possible.