MANISH KUMAR GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dtd. 4/1/2007 passed by learned Chief Judicial Magistrate, Bhiwani whereby the petitioner has been convicted and sentenced under Sec. 27(b)(ii) of the Drugs and Cosmetics Act, 1940 (for short 'the Act'), and to pay a fine of Rs.5000.00 and also convicted and sentenced to undergo rigorous imprisonment for a period of 03 months and to pay a fine of Rs.200.00 for offence under Sec. 28 of the Drugs and Cosmetics Act, 1940 and in default thereof to further undergo simple imprisonment of three months, in criminal complaint case no.196-2 of 2000 under Drugs and Cosmetics Act, 1940 which was upheld by the Appellate Court vide its judgment dtd. 4/2/2008, the petitioner has come up before this Court by way of filing of the present petition.

(2.) The case of the prosecution is that the complainant is a public servant appointed as an Inspector under Sec. 21 of the Act and is stated to be competent to launch the aforesaid complainant on behalf of the State. After completion of investigation challan against the accused was presented before the Court. On 24/6/1999, at about 1.30 PM, the complainant along with Dr. S.R. Siwatch, Medical Officer, General Hospital Bhiwani, visited the firm M/s Manish Brothers, situated at Sabzi Mandi, Bhiwani. The petitioner-Manish Kumar was found present and he stated that he is proprietor and incharge of the firm. After disclosing the identity and purpose of visiting them to the petitioner, the premises was inspected in the presence of the petitioner. It was found that the petitioner has stocked Allopathic drugs for sale along with kept in the shop. On verbal enquiry, it was stated by the petitioner that those drugs were meant for sale. He was asked to produce drugs sale licence issued under the Act authorizing him to stock allopathic drugs for sale, but he could not produce any document. The complainant gathered those allopathic drugs, which were stocked for sale in the premises and those drugs were ten types. The complainant prepared a list of those drugs on Form-16 in the presence of the petitioner and Dr. S.R. Siwatch and the complainant asked several persons to join as witness but none except one Rajesh Goyal came forward. Those drugs were packed in a card-board box and sealed with the seal of the complainant. The card-board box was signed by the complainant, petitioner and Dr. S.R. Siwatch. The petitioner gave a written statement in his own handwriting on Form 16 bearing details of seized drugs and a copy of Form 16 was given to the petitioner on the spot. On 25/6/1999, the complainant appeared to the Court and produced sealed box and original Form-16 and submitted application for custody orders and as per the orders of the Court concerned, sealed box was handed over to the complainant. Thereafter, a notice under Sec. 18 (C), 18 (A) of the Act was issued to the petitioner on 13/7/1999 but no reply was received from the petitioner despite reminder. After granting the requisite permission, the complainant filed the present complaint. After filing of the complaint, the petitioner was ordered to be summoned and face trial proceedings.

(3.) Thereafter, upon conclusion of the trial, the petitioner/accused was convicted by the Court of Chief Judicial Magistrate, Bhiwani vide impugned judgment dtd. 4/1/2007 and vide even dated order, was sentenced to undergo rigorous imprisonment as enumerated above.