STATE Vs. VINOD SHARMA

JUDGEMENT

(1.) HEARD Mr. Lawande, learned Additional Public Prosecutor (A.P.P., for short), appearing on behalf of the appellant and Mr. Mulgaonkar, learned Counsel appearing on behalf of the respondents.

(2.) THIS appeal is preferred by the State against the judgment and order dated 28/10/2010 passed by the Judicial Magistrate, First Class, Mapusa ('Trial Magistrate') in Criminal Case No.91/S/2007/B thereby acquitting the respondents (accused persons) of the offence punishable under Section 27(b)(ii) read with Section 18(c) of the Drugs and Cosmetics Act, 1940 ('the Act' for short).

(3.) CHARGE was framed for contravention of section 18(c) punishable under section 27(b)(ii) of the Act and explained to both the accused persons and they pleaded not guilty and claimed to be tried. The prosecution examined the complainant Mrs. Medha Dessai as PW1; Shri Ramnath Anvekar, one of the panch witnesses as PW2; Mrs. Jyoti Sardessai, Drugs Inspector as PW3; Mr. Ravindra Shah, the Assistant Drugs Controller, Karwar, as PW4; Mr. Salim Veljee, the then Assistant Drugs Controller for FDA as PW5. The statement of the accused persons under Section 313 of Cr. P.C. came to be recorded. The case of the accused no. 2 was of denial simpliciter, whereas the accused no.1 stated in his statement that the injections attached in the case were stocked in transit and they were neither exhibited for sale nor were sold in the premises. The accused no.1 alleged that he was holding wholesale licence under the Drugs Act at Karwar and he intended to take those drugs to Karwar.