PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision petition is directed against the judgment dtd. 14/3/2013 passed by learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. (learned Appellate Court) vide which judgment of conviction dtd. 31/12/2017 and order of sentence dtd. 17/1/2008, passed by learned Chief Judicial Magistrate, Sirmaur at Nahan (learned Trial Court) were upheld. (The 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 appeal are that the complainant Drug Inspector filed a complaint against the accused for the commission of an offence punishable under 18(c) and 18-A of the Drugs and Cosmetics Act, 1940 ( hereinafter called the Act) for possessing thirteen intact and six broken bottles of Corex syrup. The learned Trial Court held that the possession of the bottles was proved but it was not proved that possession was for sale. Hence, no case for the commission of an offence punishable under Sec. 18(c) of the Act was made out, however, the accused failed to disclose the name of the person from whom the bottles were purchased. Hence, the accused were convicted and sentenced to undergo simple imprisonment for six months and to pay a fine of ?1000/- each (total ?2000/-) and in default of payment of the fine to undergo further simple imprisonment for one month.

(3.) Being aggrieved from the judgment and order passed by learned Trial Court, the present petitioner and co-accused filed an appeal, which was decided by learned Appellate Court, who held that only the present petitioner Pawan Kumar was apprehended on the spot. The identity of the co-accused was not established, therefore, the appeal was partly allowed. The conviction and sentence of the present petitioner were upheld and accused Sachin Kumar was acquitted of the charges framed against him.