VIRENDRA KUMAR GOEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Hari Keshav, learned counsel for the appellant and Shri Pankaj Srivastava, learned AGA alongwith Smt. Harshita Rani, learned AGA for the State.

(2.) The instant criminal appeal has been filed by the appellant herein being aggrieved by judgement and order dtd. 9/2/1984, whereby the appellant herein was convicted for the offence under Sec. 27(a)(ii) and 27(b) of the Drugs and Cosmetics Act, 1940 and he was sentenced to undergo three years rigorous imprisonment and fine of Rs.6,000.00. In default of payment of fine he was directed to undergo three years further rigorous imprisonment.

(3.) The brief facts of the case are that the appellant was the proprietor of the Arogya Store and used to store and sell medicines to the general public on the prescriptions of the registered medical practitioners. On 3/1/1976, the Drug Inspector, Pradeep Kumar Rastogi (PW1) along with another Drug Inspector, D.K. Jaju (PW3), have got the information that the appellant herein was trading in spurious drugs in his shop. The above two Drug Inspectors visited the medical store of the appellant herein on 3/1/1976. They found the appellant was sitting in his aforesaid medical shop. Drug Inspector, Pradeep Kumar Rastogi (PW1) disclosed his identity and the purpose of his visit to the medical store of the appellant. According to the prosecution, the two Drug Inspectors allegedly gave their searches and summoned the witnesses. However, none of the witnesses turned up in the instant case.