KAILASH CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has been convicted under Section 27(d) and 28 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the "Act") and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for four months under the former charge and rigorous imprisonment for two months under the latter charge. Both the sentences were directed to run concurrently. The said order of conviction and sentence having been confirmed by the appellate Court, the present revision has been filed.

(2.) The prosecution case is as follows :- The accused is the proprietor of M/s. Das Ausadhalaya, a medicine shop in village Indupur. On 8-8-1988, the Drugs Inspector (P.W.1) along with the Assistant Drugs Controller (P.W.3) raided and searched the medicine shop of the accused who was not present at the time of search. The shop was being managed by the salesman (P.W.2). In course of search, it was found that the accused had stocked and exhibited the scheduled drugs for sale which he was not entitled under the provisions of licences, Exts. 9 and 10, granted to him. The accused was called upon by registered letter (Ext. 6) to produce the details of purchase of the scheduled drugs, but he failed to disclose the name of the manufacturer. It was, therefore, alleged that the accused had committed offences under Sections 27(d) and 28 of the Act.

(3.) The plea of the accused was one of denial. It was pleaded that his shop had not been raided and P.W.2 was not a salesman. One defence witness was examined in support of the plea of the accused.