AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing the order dated 12.11.2014 (Annexure P5) passed by the Lower Appellate Court vide which the application filed under Section 391 Cr.P.C., 1973 filed by the petitioner for leading additional evidence has been dismissed in criminal complaint No.10 dated 10.04.2002.

(2.) Brief facts of the case are that the respondent/complainant filed a complaint under Section 18(a)(i) read with Section 17-A punishable under section 27(b)(i) of the Drugs and Cosmetics Act, 1940 (in short 'the Act') with the allegations that on 19.03.2001, samples were drawn by the Drugs Inspector/complainant from the shop of one M/s. G.S. Sons and out of 03 samples, 01 sample of drug tables Novigin was found to be of sub-standard. As per the complaint, the manufacturer of this drug was M/s. Tecad Pharma Pvt. Ltd. and distributor was M/s. G.S. Sons Pharmaceutical from whose premises the samples were drawn. As per para 3 of the complaint (Annexure P1) at the time of inspection by the Drug Inspector on 19.09.2001, father of the petitioner - Gurbax Singh was found present as in-charge of M/s. G.S. Sons Pharmaceutical. Gurbax Singh, father of the petitioner was the managing partner of accused - M/s. G.S. Sons Pharmaceutical and after his death on 13.04.2006, the petitioner is facing the trial.

(3.) The trial Court vide its judgment of conviction dated 23.11.2011 held the petitioner guilty of offences punishable under Section 18(a)(i) read with Section 17-A of the Act held that the petitioner has committed the offence punishable under Section 27(b)(i) of the Act read with Section 120-B IPC. Vide order of sentence dated 25.11.2011, the petitioner was sentenced to undergo rigorous imprisonment for a period of 02 years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 02 months.