STATE OF PUNJAB Vs. LASHKAR SINGH

JUDGEMENT

(1.) COMPLAINT under Sections 27-A (ii) and 28 read with Sections 18 (c) and 18a of the Drugs and Cosmetics Act, 1940 (hereinafter to be referred to as the Act) and the rules framed thereunder was filed against Lashkar Singh accused, who was tried and acquitted of the said offence by additional Chief Judicial Magistrate, Hoshiarpur vide his order dated 23rd of September, 1986. Aggrieved against the order of acquittal, the State of Punjab has filed the present appeal.

(2.) IN brief, facts relevant for the disposal of this case as emerge from the complaint filed by Mohan Singh, Drugs Inspector, are that on 25th of November, 1982, he along with Dr. Krishna Bhalla, Assistant Civil Surgeon went to the shop of Lashkar Singh accused situated in village Ghorebaha. Harcharan Singh Sarpanch and F. M. Z. Chaudhary were also present there at that time. The Drugs Inspector disclosed his identity and asked Lashkar Singh to produce Drugs Licence but the latter could not produce the requisite licence. The Drugs Inspector seized all the drugs stocked in the shop and some instruments lying there through seizure memo. Ex. P. C. The drugs and the instrument so seized were put into a box which was sealed with the seal of Drugs Inspector bearing impression 'm. S. Drugs Inspector'.

(3.) IN reply to the notice Ex. PF served on accused, he pleaded that he was Assistant of Dr. Subhash Chander. However, on enquiry it was reported by the postal authorities that there was no person of such name and thereafter prosecution was launched against Lashkar Singh.