RAJESH KUMAR Vs. DISTRICT DRUG INSPECTOR

JUDGEMENT

(1.) This revision is directed against the judgment dated November 19th, 2005 passed by Additional Sessions Judge (Ad-hoc), Fast Track Court, Sangrur affirming the judgment of conviction and order of sentence dated December 8th, 2001 of Chief Judicial Magistrate, Sangrur, whereby, petitioner was convicted under Sections 27(c) and 27(d) of Drugs & Cosmetics Act, 1940 and sentenced as under :- <FRM>JUDGEMENT_874_TLP&H0_2011_1.html</FRM>

(2.) On December 18th, 1992, A.R. Salwan, Drugs Inspector-complainant along with Kamal Ram, Peon inspected the shop of the petitioner in the name and style 'M/s Krishan Medical Hall, Amargarh. During inspection, one Dharam Pal son of Bhupinder Kumar was associated as a public witness. On search of the shop, it was found that the petitioner had stocked Trimethoprim and Sulphamethoxazole tablets having Batch No. 101 manufactured by Medicare, Pharmaceuticals, Shri Ganganagar. Four samples containing 40 tablets each were prepared. The samples were sealed with the seal of the complainant bearing impression 'ARS' and marked as sample No. SG202/92. Each sample was signed by the petitioner and Dharam Pal. One sample was handed over to the petitioner. Price of the sample was paid to the petitioner. One sealed sample was sent to the Government Analyst, Punjab on December 19th, 1992 vide memorandum bearing No. 2379. As no contents of Trimethoprim and Sulphamethoxazole were found in the drugs, the Analyst, Punjab reported that these were not of standard quality and declared the same to be spurious and misbranded. A copy of the report was sent to the petitioner with a request to produce its purchase record. Despite issuance of reminder, the petitioner did not reply.

(3.) Thereafter, one sealed part of sample along with test report was sent to M/s Medicare Pharmaceuticals, Ganganagar. The company also did not reply. On June 10th, 1993 the petitioner sent a letter along with his affidavit stating that the drugs were purchased by him from Jagdish Bhatia, Pandusar Mohalla, Tehsil Nabha District Patiala but he (Jagdish Bhatia) has refused to give him the relevant purchase record. Then the complainant sent a letter to Jagdish Bhatia. The letter was received back with the report "addressee cannot be found without house number and street number". Hence, a complaint was filed before the Area Magistrate.