Crl.Revn. NO.488 of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.Revn. NO.488 of 2003 DATE OF DECISION: 25.02.2010 Suresh Kumar ...PETITIONER VS. State of Haryana ...RESPONDENT CORAM: HON'BLE MR. JUSTICE MOHINDER PAL PRESENT: None for the petitioner. Ms.Sushma Chopra, Additional Advocate General, Haryana for the respondent-State. MOHINDER PAL, J.(Oral) This revision petition has been filed by petitioner Suresh Kumar against the judgment dated 26.02.2003 passed by the Additional Sessions Judge, Kaithal whereby the appeal against the judgment of conviction and sentence order dated 25.07.1998 passed by the Chief Judicial Magistrate, Kaithal, convicting the petitioner under Sections 27(b) (ii) and 28 of the Drugs and Cosmetic Act, 1940 (for short 'the Act) and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- under Section 27(b) (ii) of the Act. He was also sentenced Crl.Revn. NO.488 of 2003 2 to undergo rigorous imprisonment for six months under Section 28 of the Act, was dismissed. The facts of the prosecution case, in brief, are that on 05.04.1991 at about 10.30 A.M., Sh.Ashok Bamba, the District Drugs Inspector, Kurukshetra on a verbal complaint, reached the shop of the accused Suresh Kumar for the purpose of inspection. The accused was found present in the shop and was found selling drugs to his patients by way of doing medical practice. At the time of raid, the patients were asked to join as witnesses but they immediately left the shop. Gokal Chand, Member Panchayat and Kishan Lal reached at the shop of the accused. After disclosing his identity, Ashok Bamba asked the accused to show the registration certificate as medical practitioner. The accused did not produce any registration certificate. Thereafter, Ashok Bamba inspected the shop of the accused in the presence of the witnesses and the accused. During the inspection of the shop, 33 different types of allopathic drugs were found stocked for sale in wooden racks in the shop of the accused. The accused was asked to show the purchase bills of the medicines, which he did not produce at the time of inspection. All the 33 drugs were handed over on Form 16 and were packed in a card box and sealed with the seal bearing impression 'Drug Inspector' in the presence of the accused and two witnesses. The pre-charge evidence consists of PW-1 Sh.Ashok Bamba, PW-2 Virender Kumar as oral evidence and documents Ex.P-1 to Ex.P-7 respectively and Ex.PA to Ex.PF respectively. The accused was charged under Section 18(c) of the Act punishable under Sections 27 (b) (ii) and 28 of the Act. He did not plead Crl.Revn. NO.488 of 2003 3 guilty to the charge-sheet and claimed trial. In the post-charge evidence PW-1 Ashok Bamba and PW-2 Virender Kumar were tendered for further cross-examination. PW-3 Krishan Lal and PW-4 Gokal Chand were also examined in the post-charge evidence as oral evidence but no documentary evidence in addition to documents already tendered in pre-charge evidence were tendered. In his statement recorded under Section 313 of the Code of Criminal Procedure, petitioner Suresh Kumar denied the prosecution allegations and pleaded innocence. No oral or documentary evidence was led in defence. I have heard the learned State counsel and have gone through the records of the case. The accused was apprehended by Sh.Ashok Bamba, the District Drug Inspector, Kurukshetra, who is also appointed as Inspector and 33 different types of Allopathic drugs were found stocked for sale in the shop of the accused, without any purchase bills or registration certificate as medical practitioner. He has no enmity with the accused to falsely implicate him in this case. Under the circumstances, I do not see any ground warranting interference by this Court in exercise of its revisional jurisdiction under Section 401 of the Code of Criminal Procedure. The petitioner has rightly been convicted in this case. As such, conviction of petitioner Suresh Kumar under Sections 27(b)(ii) and 28 of the Act, as recorded by both the Courts below, is maintained. However, keeping in view the facts and circumstances of the case particularly the fact that Sword of Damocles has remained hanging over the head of petitioner-accused Suresh Kumar for the last more than Crl.Revn. NO.488 of 2003 4 eighteen years as the case relates to 05.04.1991, I am of the considered opinion that ends of justice will be adequately met if the sentence awarded to the petitioner is reduced to the period already undergone by him and the sentence of fine and the default clause are left unaltered. I order accordingly. With the above modification in the impugned sentence order, this revision petition is dismissed. February 25, 2010 ( MOHINDER PAL ) jt JUDGE