S SELVAM Vs. STATE DRUGS INSPECTOR

JUDGEMENT

(1.) This petition is filed to quash the proceedings in C.C. No. 269 of 2010 on the file of the learned Judicial Magistrate, Tenkasi, Tirunelveli District.

(2.) The respondent/Drug inspector has laid a complaint under Section 32 of the Drugs and Cosmetics Act 1940 (hereinafter referred to as the Act) for the contravention of Section 18(c) of the Act punishable under the Section 27(b)(ii) of the Act. It is stated that on 10.11.2009 at about 10.00 a.m., the complainant inspected the hospital viz., Mathura Hospital belongs to the petitioner at 100, Perumal Koil Street, Tirunelveli Main Road, Tenkasi. They found stocks of various drugs which were stored in a separate room for sale and distribution without obtaining valid licence. The complainant was drawn the samples under the provisions of the Act. A show cause notice was issued to explain for the contravention of Section 18(c) of the Act. On receiving the analysis report, the complainant has filed the final report for initiation of the prosecution as stated above, Aggrieved by launching the prosecution, the petitioner is before this Court.

(3.) The stand taken by the petitioner is that the petitioner who is qualified as M.D., D.M., a Cardiologist practising at Thenkasi was in possession of the drugs for the purpose of ad-ministration of medicine, who: are coming to him for heart ailment. Only with a view of professional rivalry, one Dr. Subramanian, the landlord of the property had given a false complaint and without application of mind, the complainant has initiated the proceedings. The defence is that he had not contravened the provisions under Section 18 of the Act and mere possession of the drug would not amount to sale or distribution.