DENTON DENTAL DEPOT Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the three accused in C.C.No.139 of 1998 of the Chief Judicial Magistrate's Court, Kottayam. The first accused is a firm by name M/s.Denton Dental Depot, and the accused Nos.2 and 3 are the partners of the firm, running a medical store attached to a dental hospital at Nagampadam. The accused faced prosecution in the court below at the instance of the Drugs Inspector (Intelligence Branch), Kollam, on the allegation that when he inspected the premises of the accused at 10.30 a.m. on 02.06.1993, they were found possessing some drugs for sale without license. These unlicensed drugs were seized by the Drugs Inspector as per a mahazar, and the accused were given notice to disclose the source from where they got the drugs. They gave a reply that those drugs were kept there by one Anil Kumar, a friend of the accused, and those were not kept there for sale. Though notice was given to the said Anil Kumar, he did not turn up before the Drugs Inspector. In such a situation, the Drugs Inspector filed complaint against the firm and the partners under Section 27(b)(ii) read with Sections 18(c) and 18A of the Drugs and Cosmetic Act, 1940 (the Act).

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined ten witnesses including the Drugs Inspector who filed complaint, and also proved Exts.P1 to P18 documents in the trial court. MO1 to MO4 properties were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. In defence, they examined a witness as DW1. On an appreciation of the evidence, the trial court found all the accused guilty. On conviction, the first accused firm was sentenced to pay a fine of Rs.7, 000/-, and the accused Nos.2 and 3 were sentenced to undergo simple imprisonment for one year each, and to pay a fine of Rs.5, 000/- each under Section 27(b)(ii) of the Drugs and Cosmetic Act read with Sections 18(c) and 18A of the Act.

(3.) Aggrieved by the judgment of conviction dated 18.10.2001, all the accused approached the Court of Session, Kottayam with Crl.Appeal No.483 of 2001. In appeal, the learned Additional Sessions Judge, Kottayam confirmed the conviction and sentence, and accordingly dismissed the appeal.