STATE OF CHHATTISGARH Vs. RATAN KUMAR MANDAL

JUDGEMENT

(1.) This acquittal appeal has been preferred by the Petitioner/State against the judgment 15/6/2004 passed by the Judicial Magistrate First Class, Rajnandgaon (C.G.), in Criminal Case No. 446/2000 by which respondent herein has been acquitted from the charges punishable under Sec. 468 of Indian Penal Code and Sec. 15(2) of the Indian Medical Council Act, 1956.

(2.) The case of the prosecution, in short, is that the accused/respondent is registered practitioner of State Council of Ayurvedik Medicine, Bihar. On 1/7/2000, Amit Saxena, Thana In­charge, Dongargarh, raided on the clinic of respondent/accused and seized the allopathic medicine from the possession of accused/respondent while he has no valid certificate for treatment in allopathy system. From his dispensary allopathy madicine, syringe, surgical apparatus were seized by seizure memo (Ex. P/1) furthermore, from his residence also huge quantity of allopathic and ayurvedic medicines were seized vide Ex. P/9 and during investigation spot map (Ex. P/2O) was prepared. Memorandum of accused/respondent was also recorded vide Ex. P/3. Memo was sent to the District Medical Officer and District Medical Officer gave them information vide Ex. P/11. After completion of investigation charge­sheet was filed and charges were framed against the respondent/accused under the Ss. as aforementioned.

(3.) In order to bring home the offence, prosecution examined 11 witnesses and brought into record 16 documents.