JANMOJOY DINDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Conviction for commission of the offences punishable under Ss. 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 (in short, 'the Act') by the learned Judicial Magistrate, first class, Jaleswar (in short, 'JMFC'), and confirmation thereof by the learned Additional Sessions Judge, Balasoo is the subject-matter of challenge in this appeal. For such conviction, sentence of simple imprisonment for one year, and fine of Rs. 5,000/-, in default sentence of three months, and sentence of simple imprisonment for one month respectively, as imposed by the learned JMFC was confirmed in appeal.

(2.) Background facts which led to the trial of the accused-petitioner, and consequentially his conviction are (essentially) as follows :

(3.) The accused took the plea that though he was operating the nursing home, same was used by the local doctors for the purpose of keeping emergency patients, and he was obtaining rent from the patients. There was never any stock of medicines much less exhibited for sale. He also submitted that a case was falsely foisted on the basis of signatures taken on six blank papers which were obtained by threat. Four witnesses were examined to further the accused's plea.