HARI KISHEN Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment of Shri T.S. Oberoi, Additional Session Judge, Delhi dated 11-2-1976, whereby he had maintained the conviction of the petitioner under the various clauses of section 18 of the Drugs and Cosmetics Act, 1940, but had reduced the sentence of imprisonment and line.

(2.) The prosecution case is that on 21-4-1972, one Sukhdev Luthra, an accused in another case, was found selling and offering for sale to M/s Seth Brothers Enterprises, Bhagirath Palace, Delhi, the injections of Durabolin. It was suspected that those injections were supurious. Om Parkash, the proprietor of the said firm, informed the Drugs Inspector, Shri P.P. Sharma, who came with other officials to the business premises of M/s. Seth Brothers Enterprises. Sukhdev Luthra was caught there while selling the above mentioned injections. The recovery of the injections was effected from the person of Sukhdev Luthra and they were found to be 59 in number.

(3.) It is alleged that on interrogation Sukhdev Luthra told the Drugs Inspector that he had purchased 100 boxes of Durabolin at the rate of Rs. 5.50 per ampoule from one Hari Kishan and that the remaining 50 packets were to be delivered to him in the evening at the N.D.M.C. Polyclinic Lady Harding Road, New Delhi. The Drugs Inspector organised a raid and co-opted two independent persons, namely, D.N. Rajpal and Yad Ram, apart from some other Inspectors and police officials. It is alleged that at about 4-30 P.M. Hari Kishan petitioner along with Ved Parkash Nangia was found coming towards the N.D.M.C. Polyclinic and was carrying with him a packet wrapped in a newspaper. The petitioner and his companion were stopped by the raiding party. The petitioner was apprehended together with the packet of injections of Durabolin. Ved Parkash Nangia, however, succeeded in making good his escape. In the packet recovered from the petitioner, it was found that it had 40 injections of Durabolin. They were taken into possession by preparing a recovery memo.