STATE Vs. RAM BABU AND OTHERS

JUDGEMENT

(1.) THIS is a Government Appeal against the order dated 26 -12 -1966, passed by Shri H.M. Saran, SDM Jalaun, in Cr. Case No. 230 of 1966 dismissing the complaint and discharging the accused due to the absence of the complainant.

(2.) THE relevant facts are that the Respondents were prosecuted under the Drugs and Cosmetics Act, 1940 on the complaint dated 23 -7 -1966 filed by R.K. Arora, Inspector of Drugs Jhansi Region, Jhansi. As is apparent from the complaint, Babu Gupta, proprietor of M/s. Gupta Medical Hall, Ramganj, Konch (District Jalaun) was found selling Tetanus Anti -toxin injections and other drugs on 11 -2 -1965 without a valid licence. He was also found selling Strepto Penicillin injections and Cibazol tablets without any prescription of a registered medical practitioner. These should not have been sold without the prescription of a registered medical practitioner. He was also found selling certain other drugs after the date of expiry in respect of those drugs. The details have been mentioned in the complaint. Due to the facts mentioned in the complaint Babu Ram Gupta was found to have contravened the provisions of Section 18(c) read with relevant rules punishable Under Sections 27(a) and 27(b) of the Drugs and Cosmetics Act.

(3.) IT was rightly argued that the learned Magistrate acted illegally because the case being a warrant case could not be dismissed due to the absence of the complainant. Moreover, though the learned Magistrate wrote that he discharged the accused, it really amounted to an acquittal as the charge had already been framed against the Respondent. Even though the complainant was absent, the learned Magistrate should have proceeded with the case and decided it on merits.