STATE OF MAHARASHTRA Vs. RAMESHKUMAR AMRITLAL MEHTA

JUDGEMENT

(1.) BY this revision application State has challenged the order of the Additional Sessions Judge, Greater Bombay delivered on 20th September, 1991 discharging the respondents-accused in Criminal Case Nos. 150/S/1989and 151/S/1989.

(2.) THE respondent-accused were charged for the offence under Section 18(c) of the Drugs & Cosmetics Act 1940 punishable under Section 27 of the said Act in the above criminal case in the Court of Metropolitan Magistrate, presiding in 6th Court, Mazgaon, Bombay. Respondent Nos.1 and 2 are the partners of Respondent No.3-Firm. The respondents were having licence in respect of Shop Nos. 5 and 6, in Nadiawala Chawl, at Station Road, Andheri (West), Bombay-58 under the provisions of the said Act for stocking for sale or exhibiting for sake and selling the drugs from the aforesaid premises and also for their godown which is situated at right hand side of the entrance on the ground floor of Pran Niwas Building on M.A. Road, Andheri (W), Bombay-58. The drug in question being Amrutanjan-Pain-Baam was found stooked by these respondents not at the above licenced premises but in room nos.A and B situated on left hand side of the entrance on the ground floor or Pran Niwas Building on 28th July 1983. The said stocks were seized on 30th July 1983 by the Drug Inspector, PW 2, for stocking Amrutanjan-Pain-Baam without licence. Criminal Complaint was filed against the respondents-accused on 8th May 1986. Evidence was led before framing of the charge on behalf of the prosecution of the three witnesses one Prabhakar Chaudhari, PW 1, who was authorised to file complaint under Section 21 of the Act and the Drug Inspector Shashikant Patil, PW 2, about the finding of these stocks of Amrutanjan-Pain-Baam from the said premises. The third witness is PSI Deshmukh who has registered the offence under C.R.No.54/83. After the evidence was led of the above witnesses, the trial court has framed the charges against the respondents-accused.

(3.) AGGRIEVED by the above order in revision, the State has filed this Revision Application impugning the order of the Addl. Sessions Judge, Greater Bombay dated 20th September, 1991. I have heard Mr. Vashi for respondents and perused the impugned judgment as well as the record and proceeding.