SUKHDEV CHAND Vs. STATE OF H P

JUDGEMENT

(1.) This revision petition has been filed against the judgment of learned Sessions Judge, Una in Criminal Appeal No. 24/1999, decided on 4-7-2001 whereby, he has upheld the judgment of the Chief Judicial Magistrate, Una in Criminal Complaint No. 61-1-1997, decided on 21-8-1999 whereby the petitioner-accused has been convicted for having committed an offence punishable under Section 27(B)(ii) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act) and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs. 5,000/-and in default of payment of fine to further undergo simple imrisonment for 6 months. The charge against the petitioner accused in the present case is that he is not a qualified doctor and does not fall within the definition of registered medical practitioner under Rule 2(ee) of the Drugs and Cosmetics Rules (Rules for short) and, therefore, he had no authority to sell or prescribe any drug.

(2.) A complaint was filed by the Drugs Inspector against the accused for violation of Section 18(c) of the Act which reads as follows :-

(3.) According to the prosecution the petitioner is a quack and has no qualification entitling him to prescribe, distribute or stock allopathic medicines. On 30-5-1997 the complainant visited the premises of the respondent accused where he is running his clinic and asked him to produce his degree or diploma authorizing him to practice modern system of medicines. The respondent- accused produced a registration with the Indian Board of Alternative Medicines with its registered office at 80 Chowringee road, Calcutta.