KANWALJIT SINGH AHLUWALIA,J - (1.) PETITIONER Hem Raj was convicted by the Court of Chief Judicial Magistrate, Patiala in complaint No. 39 dated 26th August, 1986 under section 27(b)(ii) read with section 18(c) and under section 28 read with section 18(a) of the Drugs and Cosmetics Act for possession of various allopathic drugs to undergo rigorous imprisonment for one year and fine of Rs. 5,000/-, in default of payment of fine he was ordered to undergo rigorous imprisonment for three months. Learned Chief Judicial Magistrate, Patiala while convicting the petitioner, held that the petitioner has been unable to disclose the source of acquisition of allopathic drugs mentioned in seizure memo (Ex.P-A) and therefore, he has committed an offence under the sections mentioned above.
(2.) AGGRIEVED against this, petitioner had filed an appeal in the Court of Sessions Judge, Patiala and same was dismissed on 15th January, 1994 by the Court of Additional Sessions Judge, Patiala. Both the courts below have returned the findings of fact that from the shop of the petitioner situated in village Gurditpura tehsil Nabha, on 7th March, 1985, M.L. Gupta, Drug Inspector had found the following allopathic drugs : 1. 10 capsules tetracycline BN 5275. 2. 10 Tabs. Melubrim BN MBT 11984. 3. 2 x 30 Tabs Lariago BN 6075. 4. 2 x 10 Tabs Dilosyn BN 446. 5. 63 Tabs Mecrabarim BN Glaxo. 6. 2 x 10 Tabs Cortomine Forte BN CR.001. 7. 13 x 6 Tabs Mebenda Zole BN 104. 8. 1 x 10 m,. Inj. AVIL BNo. 459. 9. 1 x 10 ml. Inj. Kesequill BN M-204. 10. 6 x 1 ml. In. Kapclin BN 312. 11. Approx. 50 Tabs Unizyme BN G-41998. The petitioner was also found in possession of one BP Apparatus, one stethoscope, one 5cc and pme 2cc syringes with five Needles along with a copy of one patient register.
(3.) AFTER recovery of the above said allopathic drugs, Drug Inspector, Patiala instituted complaint in the Court of Chief Judicial Magistrate, Patiala on 26.08.1986. In the charge, it was specifically stated that petitioner failed to produce any valid drug sale license or certificate of registered medical practitioner. In the Court, M.L. Gupta appeared as PW-1; Dr. P.C. Goel, who was then posted in Primary Health Centre, Bhadson appeared as PW-2. Petitioner was examined under section 313 Cr.P.C. and he stated that he has been falsely implicated.;