Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1940 : Sections 18-A 27(b)(ii) and 28 Drugs and Cosmetics Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Drugs and Cosmetics Act, 1940 (23 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Drugs and Cosmetics Act, 1940 : Sections 18-A, 27(b)(ii) and 28-Search and seizure-Nursing Home Stock of medicinal drugs for sale-No valid licence-Purchase invoice not produced-Failure to disclose name and address of the person from whom the drugs were acquired-Conviction and sentence passed by the Trial Court-Appeal to High Court-Acquittal for offence under section 28 on the ground that section 18-A not applicable to accused as he was neither a manufacturer nor an agent-On appeal, Held, section 18-A applies to any person other than manufacturer or agent of drug-Acquittal based on faulty premise-Hence set aside. Section 27(b)(ii)-Held, High Court has jurisdiction to reduce sentence of imprisonment, below the period of six months-However adequate and special reasons to be recorded in the judgment-Even reduced sentence should have a term of imprisonment and fine. The respondent was prosecuted for the offences under sec. 27(b)(ii) and Section 28 of the Drugs & Cosmetics Act, 1940. The case of the prosecution was that the Drugs Inspector conducted search of the premises of the nursing home run by the respondent. It was found that the respondent had stocked for sale medicinal drugs without any valid licence. Thus the said drugs were seized by the Drugs Inspector. The respondent was not able to produce the purchase invoice for the drugs seized and also failed to disclose the name and address of the person from whom he acquired the drugs. The Magistrate after trial, convicted the respondent under sec. 27(b)(ii) and section 28 of the Act and sentenced him to undergo and year simple imprisonment and a fine of Rs. 5,000 and also simple imprisonment for a period of one month. The appeal filed by the respondent before, the Sessions Court was dismissed. On revision, the High Court acquitted the respondent for the offence under sec. 28 of the Act on the ground that sec. 18-A of the Act was not applicable as the accused was neither manufacturer nor agent. The High Court also reduced the sentence and fine imposed for the offence under sec. 27(b)(ii). Hence the present appeal by the State.The contention of the appellant was that the High Court committed an error in holding that the offence under sec. 28 of the Act was not made out. It was also contended that the judge has acted without jurisdiction in reducing the sentence for the offence under section 27(b)(ii) of the Act. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1998 INSC 108 |
Petitioner | State Of Orissa |
Respondent | Janmejoy Dinda |
SCR | [1998] 1 S.C.R. 1034 |
Judgement Date | 1998-02-20 |
Case Number | 219 |
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