STATEOF MAHARASHTRA Vs. HASHMUKHRAI RULCHAND

JUDGEMENT

(1.) These are two appeals by the State for enhancement of sentence.

(2.) The respondent is the husband of a person who holds the licence for running a Chemis't Shop at Vikbroli. The respondent- accused was registered as the Manager of the shop. On 16-8-1974 Inspector of Drugs visited the shop as well as the residence of accused In the shop certain drugs were found whose purchase bills could not be traced nor any record about their purchases. In respect of thouse diugs the accused was prosecuted under section 18 read with Rule 65 (4 (4) of the drugs and Cosmetics Act 1940. In the raid of the house 85 different varieties of drugs in fairly big quantity were found stocked. A list was prepared and the prosecution alleged that the assused stocked these drugs for the purpose of sale without a vaild licence for those premises or in breach of condition under the licence for the shop. This was an offence under section 27(b) read with section 18[c] of the said Act and Rule 65 [4] [4] of the drugs and Cosmetics Rules.

(3.) From the judgment which we have gone through it is clear that the accused was convicted only under the authorised stock found in the house or residential premises. However, the final operative order which is common judgment and order in a joint trial for the two cases does not so clearly indicate that (here Is acquittal in one case and conviction in the other. In the case where conviction has been obtained the accused is sentenced to suffer S. I till the rising of the Court and fine Rs. 1500/ or in default to suffer R 1. for six months. Thinking from the manaer of the writting of the judgment that the accused has been sentenced in both the cases, the tate has filed two appeals, being Nos. 146 and 147 of 1976, for enhancement of sentence in both the cases. Appeal No. 146/76 relating to the shop premises is clearly a misconceived appeal as a mere appeal for enhancement of sentence cannot he in a case where the accused is acquitted We therefore dismiss that appeal as purely misconceived.