KASHI RAM RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner had faced trial qua offence punishable under Section 18-c read with Section 27-(b)(ii) and 18-A read with Section 28 of the The Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act').

(2.) Trial court vide judgment/order dated 20.8.2001 ordered the conviction and sentence of the petitioner under Section 18-c read with Section 27-(b)(ii) and 18-A read with Section 28 of the Act. Appeal filed by the petitioner was dismissed by the Appellate Court vide order dated 4.6.2004. Hence, the present petition by the petitioner.

(3.) Learned counsel for the petitioner has submitted that the prosecution had failed to prove its case. There was no material on record to establish that the petitioner had stocked the medicines-in question for the purposes of sale. None of the medicines were found to be adulterated or misbranded. Learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in (1979) 1 Supreme Court Cases 568 in case of Mohd, Shabir v. State of Maharashtra, decided on 17 January, 1979, wherein, it was held as under:-