M. APPALA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No.12 of 2006, on the file of I Additional Metropolitan Sessions Judge, Visakhapatnam, challenging the judgment, dtd. 8/9/2008, where under the learned I Additional Metropolitan Sessions Judge, Visakhapatnam, dismissed the appeal filed by the appellant, as such, confirmed the conviction and sentence imposed against the accused in C.C.No.290 of 2004, on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam. The accused faced charges under Ss. 18(c) r/w 27(b)(ii) and 18(A) punishable under Sec. 28 of the Drugs and Cosmetics Act before the trial Court. The trial Court found the accused guilty of the offence punishable under Sec. 27(b)(ii) and 28 of the Drugs and Cosmetics Act and sentenced him to suffer simple imprisonment for one year and to pay a fine of Rs.500.00, in default to suffer simple imprisonment for three months for the offence under 27(b)(ii) of the Act and further sentenced him to pay a fine of Rs.500.00, in default to suffer simple imprisonment for one month for the offence under Sec. 28 of the Act.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

(3.) The State, represented by Drugs Inspector, Visakhapatnam, filed a complaint before the trial Court alleging in substance that the complainant is a Drugs Inspector, appointed under Sec. 21 of the Drugs and Cosmetics Act vide G.O.Ms.No.670 Health, Medical and Family Welfare (L2) Department, dtd. 12/12/1988. He has jurisdiction over the entire State of Andhra Pradesh and is authorised to launch prosecution under Sec. 32 of the Drugs and Cosmetics Act.