STATE OF KARNATAKA Vs. S DHANDAPANI MODALIAR

JUDGEMENT

(1.) This appeal has been preferred by the State of Karnataka against the judgment and order of the J.M.F.C., Malur, Dt. 24th Feb., 1987 in C.C. No. 270 of 1984 acquitting the respondent of the charges levelled against him. The respondent was prosecuting on the basis of a complaint filed by the Drugs Inspector, Kolar under S. 18-A read with S. 28, S. 18(a)(vi) read with R. 65(6) and S. 27(b), S. 18(a)(vi) read with R. 65(18) of the Drugs and Cosmetics Act and the Rules framed thereunder. The learned Magistrate held that the prosecution had failed to prove the charges levelled against the respondent and consequently ordered his acquittal.

(2.) We heard the learned Additional State Public Prosecutor on behalf of the appellant and the counsel for the respondent at length. We found that some of the important suggestions which should have been put to the witnesses had not been put to them and therefore many statements made by the witnesses went untested by cross-examination. Obviously, this went against the interest of the respondent. On further investigation we found that though the case was tried as a warrant case instituted otherwise than on a police report, the procedure envisaged by S. 246 of the Criminal P. C. was not followed and we feel that that has resulted in prejudice to the respondent.

(3.) It is not in dispute that the Drugs Inspector, Kolar, filed a complaint which gave rise to C. C. No. 270 of 1984 before the Court of the J.M.F.C., Malur. As earlier noticed, the complaint relates to the commission of offences under the Drugs and Cosmetics Act and the Rules framed thereunder.