STATE BY DRUGS INSPECTOR Vs. V SHANMUGAM

JUDGEMENT

(1.) This Criminal Revision filed to set aside the order of acquittal passed by the trial Court in C.C. No. 109 of 2004 dated 13.04.2005 on the file of the Judicial Magistrate No. II, Nagercoil.

(2.) P.W.1 is Drug Inspector. He inspected the nursing home run by the accused in Nagercoil, under the authorisation by the Government Order in G.O. Ms. No. 313, dated 23.09.2003, Ex.P.1. On 03.10.2003 at about 10.30 a.m. P.W.1 and three other Pharmacists proceeded to Sri Ganesh Pharmacy in Nagercoil, where the accused/doctor was present at the time of inspection in a separate room in the nursing home and various medicines were stocked in almyraa for sales to the patients. P.W.1 took samples of tablets by name Bedson and Synthotil Oxytocin Inj.I.P which are injections and recovered them by preparation of Form-17 as per procedure. He gave sample number, date and obtained signature from the accused and also sealed it. Out of two portions, one portion of the medicine and Form-17 were handed over to the accused on acknowledgement. The accused also gave 20 bills by means of which he purchased the medicines which were sold under Section 22(1) Drugs and Cosmetics Act. The medicines samples were divided into two on 06.10.2003 by P.W.1 and sent the sample to the Public Analyst at Chennai under Form-18. He also gave a show cause notice Ex.P.7 to the accused on 06.10.2003 calling for his explanation as to the stocks for sale without licence of the medicine. The accused gave the explanation on 12.10.2003 under Ex.P.8. He also handed over the original bills which he obtained from the accused on acknowledgement Ex.P.9. After getting the sanction dated 24.12.2003 from the Director of Drug Control, Chennai Ex.P.12. On 30.10.2003 Analysis Report Ex.P.13 was obtained. The copy of the same was sent to the accused. He also got Ex.P.14 the report for Synthotil Oxytocin Inj.I.P medicine and handed over the file to his next incumbent by name Venugopal.

(3.) The learned Judicial Magistrate No. II, Nagercoil after considering the evidence on record, reached the conclusion that the charges against the accused were not proved beyond reasonable doubt and acquitted him of the charges. Hence, the complainant before the trial Court is before this Court with this appeal.