MUKHTIAR SINGH Vs. STATE THROUGH DISTRICT DRUG INSPECTOR

JUDGEMENT

(1.) THE petitioner was convicted under Section 27(b)(ii) and Section 27(d) of the Drugs and Cosmetics Act, 1940 (for short 'the Act') by the Chief Judicial Magistrate, Narnaul, vide judgment dated January 17, 1992. He was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5,000/- under Section 27(b)(ii), and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- under Section 27(d) of the Act, by order dated January 21, 1992 passed by the learned C.J.M. His appeal against his conviction and sentence was dismissed by the learned Additional Sessions Judge, Narnaul, vide judgment dated July 8, 1992. The petitioner has challenged his conviction and sentence, as mentioned above, by filing the present revision petition.

(2.) THE premises of the petitioner, who is a Registered Medical Practitioner, were inspected by the Drugs Inspector Shri P.P. Singh on March 19, 1985, in the company of his peon Shri Ami Chand. He was found to be in possession of 12 types of allopathic drugs in the shop, which he was not authorised to possess. The Drugs Inspector disclosed his identity. The petitioner could not disclose the source of purchase of the drugs kept by him. He also could not show the purchase bills of the said drugs. The Drugs Inspector prepared a list of all the drugs on form 15 and a copy of form 15 was handed over to the petitioner. He also instructed the accused not to dispose of the drugs for 14 days. On March 25, 1985 a show cause notice was served upon the accused by the Chief Medical Officer, Narnaul, to which reply was filed by the petitioner on April 1, 1985 and sent a photo copy of the registration certificate to him. On April 2, 1985, Shri P.P. Singh, Drugs Inspector again inspected the premises of the petitioner, along with Dr. Janak Raj Singhal, Medical Officer, General Hospital, Mohindergarh and Dr. Siri Chand, Ayurvedic Medical Officer, Incharge, Government Ayurvedic Dispensary, Duloth Ahir. At that time the petitioner was found to be in possession 10 types of allopathic drugs. This time again the petitioner did not produce the purchase bill. The said drugs were duly seized by the Drugs Inspector in the presence of afore-mentioned Dr. Janak Raj Singhal and Dr. Siri Chand. The petitioner was tried by the Chief Judicial Magistrate, Narnaul. The Chief Judicial Magistrate acquitted the petitioner of the offence with regard to the raid conducted by the Drugs Inspector on March 19, 1985 on the ground that no independent witness was joined in the raid, which was a pre-requisite under the law for conducting a raid. However, the petitioner was convicted and sentenced by the Chief Judicial Magistrate, as mentioned in the earlier part of the judgment, for the offence with regard to the raid conducted on April 2, 1985 on the ground that the Drugs Inspector had joined Dr. Janak Raj Singhal, Medical Officer, General Hospital. Mohindergarh, and Dr. Siri Chand, Ayurvedic Medical Officer, Incharge, Government Ayurvedic Dispensary, Duloth Ahir, at the time of the raid. The appeal filed by the petitioner against his conviction and sentence was dismissed by the learned Additional Sessions Judge, Narnaul, vide judgment dated July 8, 1992.

(3.) THE primary contention raised by the learned counsel for the petitioner is that the Drug Inspector had committed a glaring error in not joining two independent witnesses from the locality at the time of the second raid even. The witnesses joined by the Drug Inspector cannot be said to be independent witnesses by any stretch of imagination. Thus, according to the learned counsel, the conviction and sentence awarded by the learned Courts below are illegal.