G. K. BHEEMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenging judgment dtd. 6/12/2018 passed by V Addl. District & Sessions Judge, Shivamogga, in Crl.A.no.68/2017 confirming judgment of conviction and order of sentence dtd. 3/10/2017 passed by Senior Civil Judge & JMFC., Soraba, Shivamogga District, in C.C.no.248/2014, this revision petition is filed.

(2.) Sri K Govindaraj, learned counsel for petitioner submitted, a complaint was registered when complainant along with two others received information about accused practicing Allopathic medicine without qualification. And when they visited accused at his place of practice on 14/8/2013, at 7 p.m. they found him in possession of Allopathic medicine. On enquiry, accused failed to provide particulars of his educational qualification and for practicing medicine. Therefore, it was alleged that petitioner was a quack doctor and guilty of offence punishable under Sec. 19 of Karnataka Private Medical Establishment Act, 2007 ('Act' for short).

(3.) On conclusion of investigation they filed charge sheet for offence punishable under Sec. 19 of Act. To substantiate charges, prosecution relied upon 11 witnesses. It was submitted except PW5 - designated officer and his assistant examined as PW6, no other witnesses supported prosecution case. It was submitted as per charge sheet and deposition of PW5 only fact established was possession of certain Allopathic medicines. There were no statement about administering medicines or prescribing them to patients. Therefore it was not established beyond reasonable doubt that accused was practicing Allopathy at his residence. It was further submitted Sec. 21 of Act would not permit entry into residential building without having warrant issued by competent magistrate. Therefore search and seizure was illegal and accused would be entitled for acquittal.