STATE OF ORISSA Vs. DOLAGOBINDA NANDA

JUDGEMENT

(1.) The order of acquittal of the respondent passed by the learned Judicial Magistrate, Banpur for offences punishable under S.27 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act') is assailed in this appeal.

(2.) The prosecution case in brief is that the respondent has a clinic named and styled as "M/s. Gopabandhu Clinic at Nachuni. On 12-9-1975 the Drugs Inspector (P.W. 1 ) raided and searched the clinic and found that the respondent was in possession of drugs (M.Os. I to XLIV) in the shape of patent medicines for sale. The drugs were seized by seizure list (Ext. 1) in the presence of independent witnesses. The respondent was asked to produce the drug licence for stocking the drugs and exhibiting them for sale, but he could not do so. He was also requested to produce purchase invoices of the drugs seized, but he could not produce the same. The respondent described himself as a registered medical practitioner with qualification, such as, "Dr. Dolagobinda Nanda, D.H.M.S. (Homoeo), B.A.F.M.S. (R.M.P.)''. He was further requested to produce certificates and documents which entitled him to practice in allopathic medicines and as to whether he was a registered medical practitioner recognised by the Orissa Council of Medical Registration, but he was unable to produce any such certificate or document. It was ascertained from the Orissa Council of Medical Registration that the respondent was not a registered medical practitioner. Therefore, after close of investigation a prosecution report was filed against the respondent for contravention of specific provisions of the Act punishable under S. 27 thereof.

(3.) Charges were framed against the respondent as follows : -