SANDEEP KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking quashing of the impugned order dtd. 6/8/2018 (Annexure P-1) passed by the learned Additional Sessions Judge, Ferozepur vide which the application filed by petitioner/ accused under Sec. 391 Cr.P.C. for leading additional evidence in Criminal Appeal No. CRA/156/2016 has been dismissed.

(2.) Brief facts of the case are that on 4/7/2006, shop No.2 adjoining M/s Chalana Medical Agencies near Bus Stand Jalalabad District Ferozepur was inspected by Rajesh Suri the then Drug Inspector along with Amit Duggal Drug Inspector Jalandhar and Jitender Singh Drug Inspector Bathinda and petitioner/accused was found stocking many types of allopaethic drugs for the purpose of sale and distribution without having any valid drug sale license or registered Medical Practitioner Certificate, as required under law. After following the proper procedure, State through Drugs Inspector Ferozepur filed complaint under Sec. 18(c) read with Rule 62 and Sec. 18-A of the Drugs and Cosmetics Act, 1940 and on conclusion of trial petitioner/accused was convicted and sentenced to imprisonment under Sec. 27(b) (ii) for contravention of Sec. 18(c) and 18(A) of Drugs and Cosmetics Act, 1940 by the Court of ld. Chief Judicial Magistrate, Ferozepur vide judgment and order dtd. 25/7/2016.

(3.) Being aggrieved petitioner/accused has filed criminal appeal which is pending in the Court of Ld. Additional Sessions Judge, Ferozepur and in the said appeal petitioner/accused filed an application under Sec. 391 Cr.P.C to tender the following documents by way of additional evidence:-