Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 27(b)(ii) Drugs and Cosmetics Act 1940 – ss. 18(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Drugs and Cosmetics Act, 1940 – ss. 18(c), 27(b)(ii), 28 andproviso to 27(b)(ii) – Prosecution case was that when drugsinspectors had inspected the respondent’s medical shop, they hadfound certain drugs stored without a valid licence – Memo wasissued to the respondent u/s.18(c) and afterwards chargesheet wasfiled u/ss. 27(b)(ii) and 28 – Trial Court convicted the respondentand sentenced him to undergo rigorous imprisonment for one yearand imposed fine of Rs.5000/- u/s.27(b)(ii) of the Act and fine ofRs.500/- u/s.28 of the Act – Appeal was dismissed by the firstappellate Court – In revision, the High Court reversed the convictionand acquitted the respondent holding that person in whose namepharmacy licence stood and the person in whose name the shopstood were not examined, and furthermore that signatures of therespondent were taken on blank papers and that Exs.P-4, P-7 andP-10 were made using the same – On appeal, held: The High Courtdid not keep in view that the respondent had admitted that he hadpurchased the shop from the erstwhile owner and that he had nolicence for sale of drugs either in his name or in any other name –When both the trial Court as well as the first appellate Court heldthat non-examination of erstwhile owner of the shop and person inwhose name the pharmacy licence stood was not fatal, the HighCourt in exercise of its revisional jurisdiction was not right inreversing the said finding – Insofar as signatures of the respondenton blank papers were concerned, the respondent did not lodge anypolice complaint or complaint before the higher officers of the Druginspector or caused any legal notice to the complainant, thus, itwas only an afterthought of the respondent to defend himself thathis signature were obtained on blank papers – From the evidenceof Drug inspector and the admission of the respondent, theprosecution had established that respondent did not have licence |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 1122 |
Petitioner | State Rep. By The Drugs Inspector |
Respondent | Manikaran |
SCR | [2018] 14 S.C.R. 395 |
Judgement Date | 2018-11-30 |
Case Number | 1493 |
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