STATE OF PUNJAB Vs. BUTA SINGH

JUDGEMENT

(1.) DRUGS Inspector Satinder Pal Singh Bhatia along with Dr. Sadhu Ram Gupta, Senior Medical Officer, Primary Health Centre, Bhagta, visited the shop of Buta Singh accused in village Akalia Jalal, tehsil Rampura Phool, district Bhatinda on 8th April, 1981, and found therein 8 types of drugs defined in this Drugs and Cosmetics Act, 1940.

(2.) ON being charged with the commission of offences under section 27(a)(ii) read with section 28 of the Drugs and Cosmetics Act, 1940, accused Buta Singh pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated 24th November, 1982 learned trial court acquitted him of the charge holding that the stock of drugs available with the accused had not been proved to have been kept for sale. Feeling aggrieved therefrom State of Punjab has filed Criminal Appeal No. 355-DBA of 1983 in this Court.

(3.) IN the course of his statement under section 313 of the Criminal Procedure Code accused Buta Singh stated, "I am innocent, my mother is a patient of Asthma. It is very difficult for her to walk. My wife Harbans Kaur who is a Staff Nurse had brought those drugs to give the same to my mother. Previously we used to purchase the medicines for my mother from Dharam Chand R.M.P. of village Akalia. Several times he was not available there. For not purchasing the medicines from him, he having given a false complaint against me, has got implicated me in a false case. I do not run any shop."