STATE OF MAHARASHTRA Vs. OMPRAKASH AND ANOTHER

JUDGEMENT

(1.) The State has preferred this appeal against the order of acquittal passed in favour of the respondents, by the learned Sessions Judge, Bhandara in Criminal Appeal No. 20/79 dated 14-8-1979 who in turn reversed the finding of conviction passed against the respondent by Judicial Magistrate First Class, Bhandara in Criminal Case No. 1646 of 1976 dated 21-3-1979.

(2.) Both the respondents were prosecuted for the offences under section 18 (c) read with section 27 of the Drugs and Cosmetics Act, 1940. The prosecution case at the trial was that both the accused are brothers and resided at village Deosara, Tah. and District Bhandara. It was further alleged that respondent no. 1 (who was accused no. 1) was the sole proprietor of medical shop run under the name and style "M/s Omprakash Santulal Agrawal" at village Deosara. The respondent no, 2 who was accused no. 2 at the trial was also dealing with the sale of medicines. Both were holding valid licence in Form No. 20-A under the Drugs Act.

(3.) Shri Rahatgaonkar is the Drug Inspector and Shri M.R. Rahim is the Assistant Commissioner under the Drugs Act. They received some information on March 11, 1976 and went to the shop of the accused. Accused no. 1 was not present in the shop, while accused no. 2 was present. Their shop premises were inspected and it is alleged that the huge stock of drugs specified in Schedule C, C-1, E, H, and Rs.were found stocked and exhibited for sale in the said shop. The Drug Inspector prepared Form No. 15 and handed over the same to accused no. 2 Vijaya Kumar. Thereby he prohibited the accused from selling the drugs in question. He also prohibited the accused from selling those drugs in respect of which they had failed to maintain the purchase records. Thereafter, the Drug Inspector took samples of various drugs, followed the necessary procedure laid down in this context. He found that the accused was not holding a valid licence of Drugs specified in Schedule C, C-l, E, H and Rs.as provided by the Act and the Rules for storing and exhibiting for sale such drugs. Rahatgaonkar - Drug Inspector, thereafter lodged a regular report with Police Station, Tumsar on 19-3-1975. Head Constable Ramkrishna seized the prohibited drugs from the shop of the accused vide Seizure Memo Ex. 23 in the presence of the panchas. It was further alleged by the prosecution that the accused had not maintained the purchase record of some of the medicines which they were permitted to sell under a valid licence in Form No. 20-A. Thus, the case of the prosecution against the accused was that they had contravened section 18-C read with section 65-(4) of the said Act.