DRUGS INSPECTOR Vs. ELUS M PALAL

JUDGEMENT

(1.) The State has preferred this appeal against the judgment in Criminal Appeal No. 126 of 1983 on the file of Sessions Court, Palghat. The respondent herein was convicted by the Judicial Magistrate of First Class, Ottappalam for having committed the offence punishable under S.18(c) read with S.27(a)(ii) of the Drugs and Cosmetics Act. He was sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 2,000/- and in default of payment of fine to undergo simple imprisonment for three months. The respondent filed the appeal before the Sessions Court. This appeal was preferred against that judgment.

(2.) The defacto complainant in the case was the Drugs Inspector of Palghat. The prosecution case is that on 4-3-1978 the complainant received information from the local Deputy Superintendent of Police alleging certain unauthorized sale and distribution of allopathic drugs by the respondent. The respondent Elias M. Palal was running a shop by the name and style as M/s. Palal Pharmacy at Ottappalam. On 4-3-1978 the complainant, Drugs Inspector inspected the premises of M/s. Palal Pharmacy. The respondent accused was found to have stocks of various allopathic drugs in his shop. The accused informed PW 1 that he had a valid registration for practising in modern system of medicine and he also produced a certificate bearing registration No. 544 dated 8-3-1961. PW 1 did not take any action against the accused believing that the latter had a valid certificate of registration. He sent a report to the Drugs Controller, Trivandrum. However, PW 1 later received Ext. P3 information from the Drugs Controller to the effect that the accused did not hold a certificate of registration for practising modern system of medicine. Again PW 1 inspected the premises of M/s. Palal Pharmacy on 8-11-1978 and seized some of the allopathic drugs kept there. PW 1 also prepared Ext. P5 mahazar and thereafter the prosecution was launched against the accused for violation of S.18(c) read with S.27(a)(ii) and S.23 of the Drugs and Cosmetics Act, 1940.

(3.) On the side of the prosecution PWs 1 to 6 were examined and Exts. P1 to P7 were marked. The only question that arises for consideration is whether the accused has committed any offence under S.18(c) read with S.27(a) of the Drugs and Cosmetics Act, 1940. PW 1, the Drugs Inspector deposed that he seized the various allopathic drugs from the shop of the accused and the details are given in Ext. P5. As many as 27 items of medicines were recovered from the shop.