RAM NARAIN ARORA Vs. DRUG CONTROLLER NCT OF DELHI
HIGH COURT OF DELHI
RAM NARAIN ARORA
DRUG CONTROLLER NCT OF DELHI
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(1.) Mr. Justice S.Ravindra Bhat The petitioner here, under Section 397, Cr.PC. challenges the order dated 5.5.2003 by which his application for restoration of his appeal and consideration on its merits, was rejected.
(2.) The brief facts necessary for deciding this revision are that the petitioner was prosecuted pursuant to a complaint under Section 32 of the Drugs and Cosmetic Act (hereafter the ``Act'`) alleging that sale of ``Vedna Nigrah Ras'` by him, amounted to sale of a misbranded drug under Section 17-A. It was also alleged that the petitioner was guilty of offences under Section 18(a(2) read with Section 27(a)(ii) of the Act. The Metropolitan Magistrate, i.e the trial Court by judgment and order dated 3.6.1996 convicted petitioner and by further order on sentence dated 24.6.1996, imposed fine of Rs.3,000/- each under the provisions.
(3.) The petitioner preferred an appeal to the learned Additional District and Sessions Judge. Apparently the petitioner's appeal namely, Appeal No.45/2001 was being proceeded with and heard along with another appeal on identical facts being Appeal No.44/2001. Both the matters were heard; Appeal No.44/2001 was adjourned to 19.7.2002. However, the appeal leading to the present proceedings namely appeal No.45/2001 was adjourned to 6.6.2002; since no one appeared on that date, it was dismissed on 28th June, 2002. In these circumstances, the petitioner moved an application seeking setting aside of the order. The same was declined by the impugned order dated 5.5.2003 on the ground that the application itself was not maintainable and that the matter had been considered on merits, on 28.6.2002 itself, when the Court had considered the record rendered judgment.;
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