HARWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A complaint for violation of Sections 18(c) and 18A of the Act read with Section 27(b) and 28 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act") was filed by the State against the petitioner.

(2.) As per the averments made in the complaint, the petitioner was present in the clinic as incharge of the clinic and was found in possession of allopathic drugs in different almirahs fitted in the shop for sale/distribution to general public. On inquiry, the petitioner could not show any drugs licence issued for the shop/ clinic or registration certificate of Medical Practitioner, which could authorize him to stock the drugs for sale and distribution. He also failed to disclose the source of acquisition of drugs stocked by him for sale and distribution. Thus, the petitioner was accused of violation of Section 18(c) of the Act by stocking drugs for sale and distribution in his shop/clinic and liable to be punished under Section 27(b) of the Act. It was also alleged that there was violation of Section 18A of the Act also, for not disclosing the source of acquisition of the drugs, which is punishable under Section 28 of the Act.

(3.) The Chief Judicial Magistrate, vide his judgment dated 27.10.2009 came to the conclusion that the prosecution was able to prove the guilt of the petitioner and held him guilty under Section 27(b) and 28 of the Act. The petitioner was sentenced as under:-