P.R.NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Vrishali Raje, learned Advocate appearing for the Applicants and Dr. Krishnaiyer, learned APP for the State-Respondent.

(2.) This Criminal Revision Application is filed by Original Accused No.1 and Accused No.8 taking exception to the twin judgments of conviction and sentence dtd. 26/4/2001 passed by the Trial Court and dtd. 19/7/2002 passed by the Sessions Court. Originally there were ten accused in the case. Indictment has been translated into conviction and sentence against Accused Nos. 1 and 8 only. Prosecution is alleged for offences punishable under the provisions of Sec. 18(a) (i) r/w. Sec. 17(b) and punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (for short "the said Act") under Rule 19 of the Drugs and Cosmetics Rules. Complaint was filed by the Drug Inspector against four persons initially viz. Shri P.R. Naik, Proprietor of M/s. Weldon Pharmaceuticals (Accused No.1), Mr. M.J. Brahmabhatt (Accused No.8), Mrs. Ranikumar (Accused No.9) and M/s. Healer (India) Laboratories (Accused No.10) on the above charges.

(3.) By judgment dtd. 26/4/2001, appended at Exhibit 'A' page No.23, Trial Court convicted Accused No.1 Mr. P.R. Naik, Accused No.8 Mr. M.J. Brahmbhatt and Accused No.9 Mrs. Ranikumar having found them guilty of the aforesaid offences and sentenced them to undergo simple imprisonment for one year and to pay fine of Rs.1000.00 and in default thereof to undergo simple imprisonment for one month. In so far as Accused No.10- M/s. Healer (India) Laboratories is concerned, it was awarded sentence of fine of Rs.1000.00 only. Being aggrieved with the above conviction, the convicted accused filed two separate Criminal Appeals viz. Criminal Appeal No. 128 of 2001 filed by Mrs. Ranikumar -Accused No.9 and Criminal Appeal No. 131 of 2001 filed by Mr. P.R. Naik (Accused No.1) and Mr. M.J. Brahmabhatt (Accused No.8) before the Sessions Court. Both appeals were decided by a common judgment dtd. 19/7/2002, whereby Accused No.8 Mrs. Ranikumar was acquitted and her Appeal came to be allowed. Appeal filed by Mr. P.R. Naik- Accused No.1 and Mr. M.J. Brahmabhatt - Accused No. 8 was dismissed thereby upholding their conviction.