STATE REP BY DRUGS INSPECTOR Vs. MANIMARAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 12.09.2014 passed by the High Court of Madras in Criminal R.C. No.1493 of 2013 in and by which the High Court set aside the conviction of the respondent-accused under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 and the sentence of imprisonment imposed upon the respondent-accused.

(3.) Briefly stated case of the prosecution is that the respondent was running a medical shop viz., M/s. Sri Balaji Medicals. On the directions issued by the Assistant Director of Drugs Control, Salem 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 Sessions Judge, Krishnagiri which was dismissed vide order dated 29.08.2013.