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2018 Supreme(SC) 1203

R.BANUMATHI, INDIRA BANERJEE
STATE REP. BY THE DRUGS INSPECTOR – Appellant
Versus
MANIMARAN – Respondent


JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the judgment dated 12.09.2014 passed by the High Court of Madras in Criminal R.C. No.1493 of 2013 in and by which the High Court set aside the conviction of the respondent-accused under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 and the sentence of imprisonment imposed upon the respondent-accused.

3. Briefly stated case of the prosecution is that the respondent was running a medical shop viz., M/s. Sri Balaji Medicals. On the directions issued by the Assistant Director of Drugs Control, Salem Zone, the Drugs Inspectors had inspected the respondent’s medical shop on 17.12.2008. In the course of inspection, it was found that certain drugs were stored without a valid drug licence and the same were seized. A memo dated 22.12.2008 had been issued to the respondent-accused alleging contravention of Section 18(c) of the Drugs and Cosmetics Act, 1940. The respondent had caused reply (Ex.-P4) to the said memo without furnishing details of purchase. The Drug Inspector has filed a charge sheet against the respondent informing commission of offence punishable under Sections 27(b)(ii) and 28 of the Drugs a




















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