STATE OF KARNATAKA Vs. KUSHALCHAND @ KUSHALCHAND GANDHI

JUDGEMENT

(1.) THESE appeals are considered together and disposed of by this common judgment. There is a delay of 46 days in filing the criminal appeal in the first of these appeals and there is a delay of 46 days also in filing the second of these appeals. The reasons assigned seeking condonation of delay are identical. For the reasons stated, the delay is condoned in each of these appeals. The appeals are considered on merits, even at this stage.

(2.) FROM a plain reading of the judgment in respect of Crl.A.658/2012, it is evident that the complainant, namely the Drugs Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Drugs Act', for brevity), who had jurisdiction over a certain area of Bangalore Urban District, was assigned Zone No.9, Bangalore Circle -III, as his jurisdiction. It is alleged that the accused in both these cases was one Kushalchand, Proprietor of a Drug Store by the name and style of M/s. P.K. Pharma, at No.25, Shop No.2, Gejjebaselly Galli, Cottonpet, Bangalore, holding a licence bearing No.KA/BNG -II/20B/506 and No.KA/BNG - II/21B/500 respectively, dated 13.04.1998, permitting him to carry on wholesale business in drugs. His licences were valid upto 31.12.2006. The accused was the person in charge and responsible for the day -to -day affairs of the said concern. It is alleged that on credible information received by the Office of the District Health and Family Welfare, Bangalore Rural District, Bangalore, that certain stock of drugs supplied by the accused, which were labeled to have been manufactured by M/s. Orissa Drugs and Chemicals Limited, Bhuvaneshwar, were not the ones manufactured by the said Company and that therefore, the complainant along with his other colleagues, namely K.S. Nagajyothi - PW5, B,B. Onkareshwar - PW3 and Sanganna S. Seelli - PW4, and two independent witnesses Manjunath - PW6 and Venugopal - PW7, had on

(3.) 1.2003, visited the stores of the District Health and Family Welfare Office, Bangalore Rural District and on verification of the stock of drugs received from the accused in the presence of K.S. Raju - PW9, who was a Gazetted Assistant of the District Health and Family Welfare Office, Bangalore, found that the accused had supplied drugs by names: