STATE OF H.P. Vs. DINESH KUMAR

JUDGEMENT

(1.) The present revision is directed against the order dtd. 16/4/2025, passed by learned Special Judge, Bilaspur, H.P. (learned Trial Court) vide which the learned Trial Court declined to frame a charge under Sec. 18(a)(vi) of the Drugs and Cosmetics Act (Drugs Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the Drugs Inspector filed a complaint against the accused for the commission of offences punishable under Sec. 18A and 18B, 18(a)(vi) and Sec. 22(3) of the Drugs Act. It was asserted that the complainant inspected the premises of the accused on 21/3/2017. The accused was present in the shop and was selling the drugs belonging to the modern system of medicines. The accused produced he license on demand. The Drugs Inspector found seve al habit-forming and other scheduled drugs in the premises. He asked the accused to disclose the name f the person from whom he had acquired those drugs; however, the accused failed to submit any record. No purc ase and sale record was maintained by the accused. The complainant seized the drugs in the presence of witnesses. He drew the samples and sent them to the Government Analyst. As per the report, the drugs were found to be of standard quality. The report of analysis was served upon the accused. The accused failed to respond to the letters written by the complainant. Hence, a complaint was filed before the learned Judicial Magistrate First Class, who committed it to the learned Sessions Judge, Bilaspur, HP, for trial.

(3.) Learned Trial Court held that the medicines were sent for chemical analysis and were found to be of standard quality. Therefore, the provisions of Sec. 18(a)(vi) of the Drugs Act were not violated. The charges were framed for the commission of offences punishable under Sec. 18A and 18B of the Drugs Act, to which the accused pleaded guilty. Hence, the learned Trial Court convicted and sentenced the accused.