(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant -State. Though served, none has chosen to appear before this Court.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 15/10/2010 passed by the learned Chief Judicial Magistrate, Gandhinagar in Criminal Case No. 3825 of 1994 for the offences punishable under Ss. 18(A) (VI), 18(C), 18(B), 27(B) and 28(A) of the Drugs and Cosmetics Act, 1940.
(3.) The brief facts of the case are that on 1/9/1994 Drug Inspector Mr. V.R. Shah visited the medical store of the respondent-accused with a prescription of Civil Hospital, Gandhinagar and purchased Clotrilin Cream upon payment of Rs.14.75. Upon making inquiry, it was found that the said Cream was outdated (expired). Upon asking necessary register for maintaining such medicines, the respondent-accused has failed to produce such documents with regard to purchase of the medicines. Thereby, the respondent-accused has committed alleged offences. Thereupon, after obtaining the consent of the Competent Authority as required under the provisions of the Act, the Drug Inspector filed his complaint in the Court of the learned Chief Judicial Magistrate, Gandhinagar. It came to be registered as Criminal Case No. 3825 of 1994. The learned Judicial Magistrate, First Class, Gandhinagar framed charge against the respondent-accused vide Exh. 76. The charge was read over and explained to him. The statement of the respondent-accused came to be recorded vide Exh. 77, wherein the respondent-accused pleaded not guilty to the charge and claimed to be tried. In order to bring home the charge leveled against the accused persons, the prosecution has examined as many as 05 witnesses and relied upon their oral testimony, the details of which have been given in the impugned Judgment and Order i.e. Prosecution Witness No. 1 viz. Vijaykumar Rasiklal Shah at Exh. 12, viz., prosecution witness No. 2 viz. Mahammadyusuf Gulam Mayuddin Shaikh at Exh. 30, Prosecution Witness No. 3 viz., Vishnubhai Narmadashankar at Exh. 61, Prosecution Witness No. 4 viz., Pravinsinh Kesharisinh at Exh. 66 and Prosecution Witness No. 5 viz., Gopalji Vechatji at Exh. 67. The learned Chief Judicial Magistrate has acquitted the respondents accused person. Therefore, appellant State of Gujarat has preferred appeal under sec. 378(1)(3) of Criminal Procedure Code, 1973 against order of acquittal.
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