BICHITRANANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Additional Sessions Judge, Cuttack upholding the conviction and sentence of the petitioner under S.27(a)(i) and (ii) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act').

(2.) Prosecution case relevant for disposal of the revision is stated below. The petitioner is the power of attorney holder of his wife Arunbala Swain who is the owner of Biraja Medical Agency, with a valid licence under the Act and the rules framed thereunder having the shop premises at Tala Telenga Bazar of Cuttack town. On 13-2-1978 the house of one Surendranath Sahu at Badambari was jointly raided and inspected by the Drugs Inspector (P.W.1) and a Sub-Inspector of Police of Sadar Police Station (P.W.3) and a huge quantity of drugs in the shape of patent medicines, vials of injections and ampules were seized from the said premises from the possession of the petitioner in the presence of the witnesses as per seizure list (Ext.1). The petitioner had no licence under the Act and the rules framed thereunder either for storage or for storage for sale of the drugs in the said premises which had been rented out to him for the purpose of residence. Some of the drugs were suspected to be substandard and so out of them Zobromin Injection of vitamin B1, B6 and B12 was sent to the Government Analyst who in Ext.6 reported that the drug was not of standard and acceptable quality because the red liquid in rubber capped glass vial contained suspended particles visible in ordinary daylight with unaided eyes. Therefore, P.W.3 submitted a charge-sheet dated 31-7-1978 against the petitioner for having committed offences under S.27(a) (i) and (ii) of the Act enclosing a prosecution report signed by P.W.1 on 27-7-1978 and received at the police station on 31-7-1978 against the petitioner for having committed the aforesaid offences.

(3.) The petitioner in his defence raised the plea that the drugs were kept at the shop premises in Tala Telenga Bazar and were not seized from his possession in his residential house at Badambari. The raiding party took the drugs and himself to the police station. He had no knowledge that any drug was of substandard quality.