Crl.R. No.224 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.224 of 2004 DATE OF DECISION: April 28, 2009 NIRMAL SINGH ...PETITIONER VERSUS STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: NONE. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner who appeared as witness against the accused as PW4 has filed this revision petition impugning the judgement dated 19.5.2003, passed by the Judicial Magistrate Ist Class, Hoshiarpur, vide which respondents No.2 & 3 were acquitted of the offence under Section 15 of the Indian Medical Council Act, 1956 and Section 26 of the Drugs & Cosmetics Act, 1940. Briefly the facts of the case are that the High Court vide order dated 4.11.1997, directed the Director, Health & Family Welfare, Punjab to check unregistered medical practitioners in Punjab. Vide another order dated 13.10.1998, the High Court further directed that the medical practitioners who were practicing in Allopathic medicines without any proper medical degree, recognized by the Medical Council of India, be prosecuted. In pursuance to the aforementioned orders all SHOs in the State were ordered by the Principal Secretary, Home Department to find out if Crl.R. No.224 of 2004 -2- there are any medical practitioners who are practicing in Allopathic medicines without proper medical degrees which were to be duly recognized by the Medical Council of India. It is in this background that an application from the petitioner Nirmal Singh was received wherein it was averred that the respondents No.2 & 3 have committed an offence under Section 15 of the Medical Council Act, 1956 and Section 26 of the Drugs & Cosmetics Act, 1940. An FIR was registered against them and statement of witnesses under Section 161 was recorded. As the accused could not produce valid licence or any other document entitling them to do Allopathic practice, therefore, a challan was presented in the Court of Judicial Magistrate Ist Class, Hoshiarpur against the accused persons. After going through the entire evidence led by the prosecution, the trial Court acquitted the accused persons because of lack of evidence. A perusal of the impugned judgement shows that PW1 Dr. G.P.S. Bedi, Sr. Medical Officer, Civil Hospital, Hoshiarpur was examined. But this witness did not come for cross-examination, hence his testimony could not be read in evidence. PW2 ASI Paramjit Singh who was the Investigating Officer in the case and who registered the FIR Ex.PC was examined. In his cross-examination he stated that no recovery was effected by him and the documents on the basis of which the case was registered did not contain any list of medicines recovered from the accused. Thus, the evidence of this witness also is not sufficient to hold the accused guilty. PW3 ASI Ram Kumar is the scribe of the FIR Ex.PC. Apart from the above, PW4 Nirmal Singh is the only witness who has implicated the accused persons. He has stated that the accused are practicing in Allopathy without any valid licence. Crl.R. No.224 of 2004 -3- Thus, I have only the oral testimony of Nirmal Singh against the accused persons. There is no other material on the basis of which the accused could have been held guilty for the offences under Section 15 of the Indian Medical Council Act and Section 26 of the Drugs & Cosmetics Act. Because of lack of evidence, I find no infirmity in the judgement passed by Judicial Magistrate Ist Class, Hoshiarpur dated 19.5.2003, vide which the accused have been acquitted. Resultantly, the revision petition is dismissed. April 28, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE