STATE OF PUNJAB Vs. SURAJ KUMAR

JUDGEMENT

(1.) The State of Punjab has felt aggrieved against the judgment dated 31/1/1986 of Shri G.C. Suman, Chief Judicial Magistrate, Ludhiana, acquitting the respondent of the charges under Section 18(c) read with section 27-A-(ii) and under Section 28 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the ActT) and has, therefore, preferred this appeal for reversing the impugned judgment and-sentencing the respondent.

(2.) The facts of the prosecution case are these. On receipt of secret information against the respondent, Shri A.R. Salwan, Dugs Inspector, went to his shop on 22/11/1978 in the company of Dr. Suresh Kumar Gupta. He was found stocking for, sale drugs in his shop. On being asked whether he was possessed of a valid licence for sale of the drugs, he was unable to produce any such licence. Drugs Inspector then asked him to produce the certificate showing that he is a medical practitioner The respondent's case was that he is an M.B.B.S. doctor and that he is registered with the Medical Council but he was unable to produce any material in support of his assertion. He was also unable to supply the source of acquisition of drugs including injection Analgiri. The Drugs Inspector then took sample of this drug in accordance with law. After completing necessary formalities, a regular complaint was filed against the respondent under the provisions of Section 18(c) read with Section 27-A(ii) and under Section 28 of the Act. The trial Court framed the charge-sheet against the respondent an these allegations. Shri A.R. Salwan, Drugs Inspector, and Dr. Suresh Kumar appeared in the witness-box to. substantiate the charges against the respondent the trial court vide its judgment dated 31/1/1986 acquitted the respondent of the charges framed against him. The State of Punjab seeks the reversal of this judgment.

(3.) The learned Assistant Advocate General, Punjab, and the learned counsel far the respondent have been heard at length in this appeal.