DR. K. MOOSA Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI

JUDGEMENT

(1.) Petitioner is the accused in C.C. No.283 of 2017 on the file of the Judicial First Class Magistrate Court, Nadapuram registered on the basis of a complaint filed by the Drugs Inspector under section 11 of the Essential Commodities Act, 1955 (hereinafter referred to as "Act") alleging violation of Clause 16 of the Drugs (Price Control) Order, 1995 (hereinafter referred to as "Order"), punishable under Section 7(1)(a)(ii) of the Act. A complaint was filed by the Drugs Inspector, Intelligence Branch, office of the Assistant Drugs Controller, Kozhikode alleging that on 04.08.2011, CW3 Nazeer has submitted a complaint before him stating that the petitioner's hospital charged a sum of Rs. 30/- for one vial of tetanus toxoid injection when the actual cost was only Rs. 10.35. Preliminary enquiry revealed that CW3 had purchased the said injection on 25.07.2011 for his spouse who was undergoing treatment in the petitioner's hospital. CW3 left the country to take up his employment in the middle east after handing over the material and documentary evidence to CW4. On 18.10.2011, the complainant had visited the house of CW5 (wife of CW3). On his request, the drug purchased was produced and a detailed statement was given by CW5. On 19.10.2011 the complainant had inspected the hospital belonging to the petitioner. It is a proprietorship concern. The hospital was engaged in retail sale of drugs as per a drug licence. According to the averments in the complaint, the petitioner had sold one vial of tetanus toxoid injection for an exorbitant price and issued a bill violating the above said provisions.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Annexure-A is copy of the complaint. Annexure-B is the certified copy of the bill produced along with the complaint. It can be seen from the caption that it was a "procedure bill". It shows that the tetanus toxoid injection was dispensed to CW3 on 25.07.2011 for Rs. 30/-. Name of the doctor who treated CW5 has also been mentioned.