STATE OF ORISSA Vs. JANMEJOY DINDA

JUDGEMENT

(1.) A Drugs Inspector conducted search of the premises of a nursing home run by the respondent under the name 'Kalicharan Poly Clinic' at Naya Bazar in Jaleswar (Orissa) on 7-8-1996. He was accompanied by one Deputy Drugs Controller and an Assistant Drugs Controller. In the search it was detected that medicinal drugs were stocked for sale in two almirahs kept in the front room of the nursing home. As respondent had no licence to stock or exhibit for sale such drugs, the Drugs Inspector seized 22 items of drugs. Respondent was not able to produce the purchase invoice concerning those drugs and he failed to disclose the source from which he purchased them.

(2.) On the aforesaid facts respondent was prosecuted before a Court of Judicial Magistrate of First Class for offences under Section 27(b)(ii) and Section 28 of the Drugs and Cosmetics Act, 1940 (for short the 'Act'). The Magistrate, on conclusion of the trial, convicted respondent under both counts and sentenced him to undergo simple imprisonment for one year and a fine of Rs. 5,000/- on the first count and to simple imprisonment for one month on the second count.

(3.) Appeal filed by the respondent was dismissed by the Sessions Court which confirmed the conviction and sentence under both charges. But when he filed a revision before the High Court of Orissa a learned single Judge found that conviction under Section 28 of the Act was unsustainable and hence respondent was acquitted of that offence. In the matter of sentence for the offence under Section 27(b)(ii) of the Act learned single Judge reduced it to the period of imprisonment which had already been undergone and the fine was reduced to Rs. 3,000/-.