ANIL KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) QUESTIONING the legality, validity and correctness of the impugned judgment dated 15 -9 -2003 affirming the conviction and sentence awarded to the applicant for offence punishable under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 (henceforth 'the Act, 1940'), sole applicant Anil Kumar Jain has laid the instant revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (henceforth 'Cr.P.C.'). The prosecution case, as unfolded during the course of trial by the State, is briefly stated as under:

(2.) SHRI V.C. Ottalwar, learned counsel appearing for the applicant would submit that both the Courts below have committed a manifest legal error in holding the applicant guilty for the offence under Section 27(b)(ii) of the Act, 1940 as the prosecution has completely and miserably failed to bring home the ingredients of Section 18(c) of the Act, 1940 and, therefore, the impugned conviction followed by the sentence deserves to be set aside.

(3.) I have heard and considered the rival submissions made by learned counsel appearing for the parties and have perused the record with utmost circumspection.