THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1093 of 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-appellant against the orders dated 03.02.2005 rendered in Crl.M.P.No.2514 of 2004 in C.C.No.351 of 2003 by the learned Additional Judicial Magistrate of First Class, Narsapur, whereunder the learned Judge discharged accused 1 to 4 under Section 245(2) Cr.P.C. The brief facts of the case are that the Drugs Inspector made a complaint against the accused under Section 18(c) of Drugs and Cosmotics Act, 1940, complaining that the accused are reoperating unlicensed blood bank in its clinical laboratory. When a surprise inspection made by the Drugs Inspector on 24.10.2000 in the hospital of A-1, he found blood bank and he seized the blood bag apart from other equipment. On the other hand, the accused submit that they have not committed any offence under the Act and they are not maintaining any blood bank and blood is never stored. The hospital did only blood transfusion in emergency to save patients’ lives. The hospital possesses the necessary technology for blood transfusion in cases of emergency only. Accused hospital neither sales, stores nor distributes blood by all for sale and hence they are entitled for discharge. Heard the learned Public Prosecutor, appearing for the appellant- complainant and the learned counsel appearing for the respondents- accused. After hearing both sides and considering the material on record, this court is of the view that the learned Judge discussed the points at length and gave cogent and convincing reasons and rightly discharged the accused. While deciding point No.2, the learned Judge opined that… “Manufacturing of blood is not possible with a human being and so also blood is not a drug and drug is a chemical substance and blood is a fluid tissue and there is no relationship in between drug and blood. So that, manufacturing of blood does not arise at any stretch of imagination. When there is no manufacturing of blood in the hospital, there is no question that the blood is meant for sale in the hospital, so that, the allegations in the complaint are baseless. The Drug Inspector filed the complaint without any reason and with misconception and lack of knowledge.” In such circumstances, this court is of the view that there are no grounds to interfere with the order passed by the learned trial Judge and the revision is liable to be dismissed. Accordingly, the Criminal Revision Case is dismissed. ___________________ JUSTICE RAJA ELANGO Date:17.06.2011 Rns