KALYAN SAHAI SAINI Vs. STATE

JUDGEMENT

(1.) - This revision petition has been filed against the judgment and order dated 10.6.2008 passed by learned Addl. Sessions Judge (FT), Sawai Madhopur in cr. Appeal no. 07/2006 wherein the order of conviction and sentence of accused petitioner passed by the Chief Judl. Magistrate, Sawai Madhopur has been confirmed, and against the judgment dated 13.10.2004 passed by learned Chief Judl. Magistrate, Sawai Madhopur in cr. Case no. 518/1988 wherein he has convicted the accused petitioner for the offence under Section 18(c) read with 27(b)(ii) Drugs & Cosmetics Act, 1940 and sentenced the accused petitioner for one year SI and a fine of Rs. 5000/- and in default of payment of fine to further undergo 02 months SI.

(2.) Brief facts of the case are that on 19.12.1988, a complaint came to be filed by the Chief Judl. Magistrate, Sawai Madhopur by complainant Sunil Kumar, Drug Inspector, Sawai Madhopur to the effect that on 30.1.1987, Drug Inspector, Dholpur Headquarter, Shri Heeralal Bansal carried out the inspection of the clinic of accused Kalyan Sahai situated at Gudachandraji Bus Stand and found certain allopathic medicines stocked and exhibited at the premises of the petitioner for which no license was produced on demand.

(3.) On the basis of above, the medicines and the bills of various medical shops is wherefrom the medicines were purchased were seized in presence of Rajendra Kumar, Ramklshore, Mithalal, Umesh Chand, Ramswaroop Saini and Kalyan Sahai.