SOM DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both the cases have arisen from the common judgment dated 12.7.2013 passed in Criminal Appeal No. 7/2009, this Court vide order dated 18.10.2016 clubbed the same for final adjudication together, accordingly, same are being taken for disposal together since common question of law and facts are involved. Present criminal revision petitions filed under Sections 397/401 of the Cr.PC., are directed against the judgment of conviction and sentence dated 12.7.2013, passed by the learned Sessions Judge, Mandi, District Mandi, HP, in Criminal Appeal No.7/2009, affirming the judgment dated 22.10.2008, passed by the learned Chief Judicial Magistrate, Mandi, District Mandi, HP, in Drugs Act Case No. 181-I/2003, whereby the accused-petitioners (in both the petitions) have been sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs. 5,000.00 each, and in case of default, to undergo simple imprisonment for a period of two months each, for the commission of offence punishable under Sec. 27 (b) (ii) of the Drugs and Cosmetics Act, 1940 (in short "the Act ") and sum of Rs. 15000.00 has been also ordered to be confiscated in favour of the State of H.P under the provisions of Sec. 31 of the Act.

(2.) Briefly stated facts as emerge from the record are that on receipt of secrete information that petitioner-accused Dr. I.S. Kaundal (hereinafter referred to as "accused No.1 ") was engaged in selling of drugs and same were being misused by the youth, Kapil Dhiman, Drug Inspector Mandi, on 14.11.2000, made a visit to the aforesaid clinic and found that clinic was being run in two independent adjacent shops abutted to the main road leading towards Kusum theatre, Mandi. As per the complainant, one shop was having glass enclosure just after the entrance, which was probably used for checking the patients, whereas the adjoining premises was an open room with counter and open racks for the display and sale of drugs. As per story of the prosecution, at the time of inspection of clinic by the aforesaid drug inspector on 14.11.2000, Som Dutt (hereinafter referred to as accused No.2) was present and engaged in sale of drugs across the counter in the open shop. Since accused persons were found involved in the selling of drugs across the counter and open shop without there being valid license in their favour, the Drug Inspector stopped the sale of the drugs and took into possession the relevant registers, handed over by accused No.1. Subsequently, on 21.11.2000, the Drug Inspector along with other staff assisted with the police party conducted raid in the clinic of accused No.1. Raiding party got the photographs clicked of the drugs stocked and exhibited for sale by the accused in the aforesaid clinic. After completion of investigation, the Drug inspector presented the challan in the competent Court of Law.

(3.) Learned Chief Judicial Magistrate, Mandi, District Mandi, HP, after being satisfied that prima facie case exists against the accused persons, put a notice of accusation, to which they pleaded not guilty and claimed trial. Learned trial Court on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offence punishable under Sec. 27 (b) (ii) of the Act and accordingly, convicted and sentenced them as per description already given above.