VAIJNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present writ petition has been filed challenging the order passed below Exhibit 15 in Criminal Appeal No.73 of 2016, dated 14-11-2019, by learned Additional Sessions Judge, Parbhani. The said application Exhibit 15 was filed under Section 391 of the Code of Criminal Procedure for adducing additional evidence at the appellate stage by the present petitioners who are the original accused persons.

(2.) The petitioners faced trial for the offence punishable under Section 27 (b) (ii) r.w. Section 18 (c) and Rule 64 of the Drugs and Cosmetic Act, 1940 before the learned Chief Judicial Magistrate, Parbhani and by Judgment and order dated 06-12-2016 in Regular Criminal Case No.457 of 2014, they have been convicted for the said offence and have been directed to suffer rigorous imprisonment for two years and pay fine of Rs.10,000/- each, in default to suffer rigorous imprisonment for three months. The petitioners have challenged the said conviction in the said Criminal Appeal No.73 of 2016 which is pending before the learned Additional Sessions Judge, Parbhani.

(3.) Application Exhibit 15 was filed contending that the appellants had taken specific defence that they have surrendered the licence of medical shop before the Drugs Department prior to the date of alleged offence, however they failed to file document before the Trial Court in that regard. They have received the documents under Right to Information Act and they intend to produce those documents and, therefore, they sought permission under Section 391 of Code of Criminal procedure.