ORDER :

1. This Criminal Revision Case is filed by the petitioner, under Sections 397 and 401 of Code of Criminal Procedure Code (“Cr.P.C.” for short), who is the accused No.1 in C.C.No.496 of 2002, on the file of III-Additional Chief Metropolitan Magistrate, Vijayawada and unsuccessful appellant in Criminal Appeal No.10 of 2006 on the file of Metropolitan Sessions Judge, Vijayawada, challenging the judgment, dated 06.07.2007 in Criminal Appeal No.10 of 2006, where under the learned Metropolitan Sessions Judge dismissed the Criminal Appeal confirming the judgment, dated 09.01.2006 in C.C.No.496 of 2002 on the file of III-Additional Chief Metropolitan Magistrate, Vijayawada.

2. The present Revision Petitioner faced trial before the trial Court for the contravention of the provisions of Drugs and Cosmetics Act and he was convicted and sentenced. Challenging the same, he filed Criminal Appeal before the Metropolitan Sessions Judge, Vijayawada and it was dismissed on merits. Hence, he filed the present Criminal Revision Case.

3. The parties to this Criminal Revision Case will hereinafter be referred as described before the Court below for the sake of convenience.

4. The case of the complainant before the Court below, in brief, is as follows:

(i) L.W.1 is a Drug Inspector appointed under Section 21 of the Drugs and Customs Act, 1940. Presently he is working at Vijayawada. He has the jurisdiction for the entire State of Andhra Pradesh.

(ii) On 27.03.2002, basing on the information regarding the storage of Blood at Sangha Mitra Clinic, situated at D.No.29- 19-831, Dornakal Road, Vijayawada by Dr.V.Krishna Murthy, the Complainant-L.W.1 along with Sub-Inspector of Police-L.W.2 and two mediators raided the premises of Sangha Mitra Clinic at 06:15 pm and they found 22 filled blood bags and 60 X 10 units blood collection bags (CPDA-I) in a room, situated at the right side of the entrance of Sangha Mitra Clinic. Then the complainant seized the above stocks under Form-16 in the presence of the mediators under the cover of mediators report and obtained acknowledgment from A1. L.W.5-Dr.Sudhakar addressed a letter to the complainant stating that the entire building was taken for rent and the room where the blood seized was given to Dr.V.Krishna Murthy, proprietor of M/s. Sivani Blood Bank. A1 accepted that the stock belongs to him only and also accepted that he is not holding any license for the said premises. He further stated that he is the proprietor of M/s. Sivani Blood Bank. Then the complainant has informed the seizure to the Court of V Metropolitan Magistrate, Vijayawada on 28.03.2002, as required under Section 23 (5) of Drugs and Cosmetics Act, 1940 and as per the direction, the complainant produced the property along with the complaint. The Sub-Inspector of Police recorded the statements of professional donors and on 28.03.2002 that Dr.V. Krishna Murthy submitted certified copy of cash and credit memo, dated 24.03.2002 of M/s. Sri Devi Diagnostic Distributes, Miryalaguda issued to M/s.Sivani Blood Bank with regard to 600 blood bags. On verification, it was found that the above firm is not in existence at the given address. On the basis of news item published in Eenadu Telugu daily, dated 02.04.2002 regarding un-official collection of blood by Dr.V.Krishna Murthy along with some others at Huzurnagar, Nalogonda District, the complainant contacted Drugs Inspector and came to know that the Sub- Inspector of Police, Huzurnagar Police Station, Nalgonda District, arrested A-1 for the illegal blood collection camp on the basis of the complaint lodged by Uppala Sri Hari, President of Varthaka Sangam. Then the complainant addressed a letter to the Inspector General, Drugs Control Administration, Hyderabad, for the cancellation of license of M/s. Sivani Blood Bank and requested to pass necessary orders to launch prosecution against Dr.V.Krishna Murthy. The complainant also sent a letter to A1 to furnish the particulars of the mode of payment and