STATE OF KARNTAKA Vs. FATIMABI M. SHAIKH

JUDGEMENT

(1.) Heard the learned HCGP on I.A.No.1/2019. The said application has been filed under Section 5 of the Limitation Act to condone the delay. With the consent of the learned HCGP, the same is taken up for final disposal.

(2.) The case of the complainant in brief is that the complainant is a Drug Officer. He received a credible information that the accused No.1 - partnership firm running in the name of M/s. Bhawar Inc Corporation. Accused Nos.2 - 5 are the partners of the firm. Accused No.6 is the partnership firm and the accused No.7 is the Branch in-charge of the said office. They are dealing with the Drugs without there being any valid and effective license. On 07.03.2016, he accompanied with two witnesses visited the accused-firm. At that time the accused No.7 was present. There they found stocked Vicks Action 500 plus bearing Batch No.602005623037 without license. The said tablets have been seized by drawing a mahazar and sent them for analysis test. After receiving the report and after obtaining necessary permission from the Government, the complaint has been filed on 18.03.2019. After filing of the charge sheet the accused No.7 appeared and insofar as in respect of the other accused persons, the case was split up. After following the procedure the plea of the accused No.7 was recorded. He pleaded not guilty and claims to be tried.

(3.) In order to prove its case, the prosecution has got examined 17 witnesses and got marked 36 documents and also MO's 1 to 5. Thereafter, the accused was came to be examined under Section 313 of Cr.P.C. The accused led her evidence as DW-1 and got marked 2 documents as Ex.D1 & D2. After hearing both the parties, the impugned order was came to be passed acquitting the accused No.7. Assailing the same, the State is before this Court.