State Rep. By The Drugs Inspector vs Manimaran

3. Briefly stated case of the prosecution is that the respondent Digitally signed by MADHU BALA was running a medical shop viz., M/s. Sri Balaji Medicals. On the Date: 2018.11.30 16:06:36 IST Reason: directions issued by the Assistant Director of Drugs Control, Salem 1 Zone, the Drugs Inspectors had inspected the respondent’s medical shop on 17.12.2008. In the course of inspection, it was found that certain drugs were stored without a valid drug licence and the same were seized. A memo dated 22.12.2008 had been issued to the respondent-accused alleging contravention of Section 18(c) of the Drugs and Cosmetics Act, 1940. The respondent had caused reply (Ex.-P4) to the said memo without furnishing details of purchase. The Drug Inspector has filed a charge sheet against the respondent informing commission of offence punishable under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940. Upon consideration of evidence, the trial court after referring to Ex.-P4 held that the respondent has admitted that he has no licence to the premises for sale of drugs. The trial court further held that Exs.P-4 to P-7 though were carbon copies, as per Section 62 of the Indian Evidence Act, they can also be considered as primary evidence. On those findings, the trial court convicted the respondent and sentenced him to undergo rigorous imprisonment for one year and imposed fine of Rs.5000/- under Section 27(b)(ii) of the Drugs and Cosmetics Act and fine of Rs.500/- under Section 28 of the Drugs and Cosmetics Act. Aggrieved by the verdict of conviction and the sentence of imprisonment, respondent-accused preferred an appeal in Criminal Appeal No.18 of 2013 before the appellate court-Principal 2 Sessions Judge, Krishnagiri which was dismissed vide order dated 29.08.2013.

4. In the revision petition filed before the High Court, the High Court reversed the conviction and acquitted the respondent holding that non-examination of erstwhile owners namely Jayanthi and Kamalakannan in whose name pharmacy licence stood was fatal to the prosecution case. The High Court also referred to the defence that the signature of the respondent was obtained on blank papers in which Exs.P-4, P-7 and P-10 were prepared.

9. The High Court has set aside the conviction mainly on the ground of non-examination of one Kamalakannan-the person in whose name the pharmacy licence stood and one Jayanthi in whose name the shop stood. The High Court did not keep in view that under Ex.-P4, the respondent has admitted that he had purchased the retail shop-M/s Sri Balaji Medicals from one Jayanthi and that he had shifted the shop from the old place to the current premises No.191, Main Road, Bargur and selling the drugs. Relevant portion of Ex.P4 reads as under:-

18. In the result, this appeal is allowed and the impugned judgment dated 12.09.2014 in Criminal R.C.No.1493 of 2013 passed by the High Court of Madras is set aside. The conviction of 10 the respondent under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 is affirmed and the sentence of imprisonment imposed upon him is reduced to three months, while maintaining the fine of Rs.5,000/-. The respondent shall surrender within a period of four weeks to serve the remaining sentence, failing which he shall be taken into custody.

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