STATE OF MAHARASHTRA Vs. USHATAI PURUSHOTTAM KOTALWAR

JUDGEMENT

(1.) THIS appeal is filed by the appellant/State challenging the judgment and order dated 11th March, 1999 passed by the Court of Special Judge at Latur in E.C. Act Case No. 16 of 1991. The respondents herein who are original accused, came to be prosecuted for contravention of Clause 18 punishable under section 26 of the Drugs (Prices Control) Order, 1987 read with section 3 and section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

(2.) BRIEFLY stated, the complainant's case is that, on 10th September, 1990 one Dr. B. V. Tote, a medical practitioner of Udgir, visited his office and gave a written complaint alleging that on 9.9.1990 amount of Rs. 7.00 was obtained excessively from his patient by name Ravindra Biradar resident of Dighol, Tq. Nilanga, in respect of six ledermycin 300 tablets sold to him by M/s. Shrinivas Medical Stores, Udgir, under a cash memo No. 87996. While submitting such written complaint, Dr. Tote also filed copy of cash memo and copy of medical prescription. Consequently, on 14.9.1990 complainant Shri B.R. Masalvisited the medical shop of accused and carried out inspection. During course of the inspection, it was found that as per prescription of Dr. Mrs. S.B. Tote, Dental Practitioner, Udgir, three drugs were sold to Shri Ravindra Biradar. It was revealed that six tablets of Ledermycin 300 mg. from Batch No. 208 were sold at price of Rs. 20.10 ps. Considering the prescribed price, it was found that overcharging of Rs. 6/- was approximately made by the said medical stores. Duplicate copy of cash memo No. 87996, dated 9-9-1990, was verified from the cash-memo book. An inspection report was then prepared and copy thereof was given to accused No. 2 Laxminarayan. Certain further enquiry was made regarding the then prevailing price of Ledermycin 300 tablets. It was revealed that the tablets were from Batch No. 208 and were purchased by M/s. Shriram Medical Stores, Latur, as per invoice No. 140801, dated 19.7.1990, from manufacturer, i.e. Cyanamid India Ltd., Bombay. The enquiry further disclosed that a stock of the tablets came to be purchased by M/s. Sangmeshwar Enterprises, Udgir, from M/s. Shriram Medical Stores, Latur, as per Invoice No. 790, dated 1.8.1990. It was further revealed that M/s. Sangameshwar enterprises, Udgir, made such purchase as per undercutting terms of business (sub-purchasership). The accused had purchased stock of Ledermycin 300 tablets from said M/s. Sangameshwar Enter- prises, Udgir. Thus, after thorough enquiry, complainant Shri B.R. Masai lodged the complaint.

(3.) ON the basis of pleadings of the parties, evidence and documents brought on record by the parties, the necessary points for determination were framed by the Special Court which are as under : <IMG>JUDGEMENT_630_BCR(CRI)1_2011Image1.jpg</IMG> <IMG>JUDGEMENT_630_BCR(CRI)1_2011Image2.jpg</IMG>