ORDER :

1. This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No. 12 of 2006, on the file of I Additional Metropolitan Sessions Judge, Visakhapatnam, challenging the judgment, dated 08.09.2008, where under the learned I Additional Metropolitan Sessions Judge, Visakhapatnam, dismissed the appeal filed by the appellant, as such, confirmed the conviction and sentence imposed against the accused in C.C. No. 290 of 2004, on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam. The accused faced charges under Sections 18(c) r/w 27(b)(ii) and 18(A) punishable under Section 28 of the Drugs and Cosmetics Act before the trial Court. The trial Court found the accused guilty of the offence punishable under Section 27(b)(ii) and 28 of the Drugs and Cosmetics Act and sentenced him to suffer simple imprisonment for one year and to pay a fine of Rs. 500/- in default to suffer simple imprisonment for three months for the offence under 27(b)(ii) of the Act and further sentenced him to pay a fine of Rs. 500/- in default to suffer simple imprisonment for one month for the offence under Section 28 of the Act.

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

3. The State, represented by Drugs Inspector, Visakhapatnam, filed a complaint before the trial Court alleging in substance that the complainant is a Drugs Inspector, appointed under Section 21 of the Drugs and Cosmetics Act vide G.O.Ms. No. 670 Health, Medical and Family Welfare (L2) Department, dated 12.12.1988. He has jurisdiction over the entire State of Andhra Pradesh and is authorised to launch prosecution under Section 32 of the Drugs and Cosmetics Act.

4. Basing on a telephonic complaint, dated 27.05.2003 against Mr. M.A. Raju (accused) regarding sale of drugs without licence, the complainant (LW-1) along with Drugs Inspector, Anakapalle (LW-2) and two mediators LW-3 Mr. K. Srinivasa Rao and LW-4 V. Surya Srinivasa Rao raided the premises of M/s. Gowri Clinic, situated at D. No. 2-17, Baji Junction, Gopalapatnam, Visakhapatnam on 28.05.2003. They found one person examining patients who disclosed his identity on questioning as Dr. M.A. Rao (accused), owner of Gowri Clinic. The clinic is in three rooms. The complainant and party found cartoon boxes containing drugs like sale packs, Physician samples and government hospital drugs. The government hospital drugs are meant for government institutions and hospitals for free supply and supposed to be available only in government institutions. The complainant questioned the accused regarding source of supply of drugs. The accused was unable to produce any purchase bills for the sale packs. He did not disclose the source of supply of the hospital drugs and Physician samples as required under Section 18(A) of the Drugs and Cosmetics Act. He revealed that he is not holding any drug licence for storage of drugs. Hence, complainant seized the drugs (1-32) in the presence of Drugs Inspector, Anakapalle and mediators. The drugs particulars were entered in Form-16 and mediators report was drafted to that effect. The accused was present at the time of seizure and acknowledged the receipt of Form-16 and mediators report. The complainant vide memo, dated 29.05.2003 informed the seizure to the jurisdictional Court, which returned the property with a direction to produce along with the complaint. Thus, the accused stored the drugs in his premises without having any licence, as such, violated Section 18(c) punishable under Section 27(b)(ii) of the Drugs and Cosmetics Act. He further failed to disclose the source of supply, as such, contravened Section 18(A) punishable under Section 28 of the Drugs and Cosmetics Act.

5. The jurisdictional Magistrate took cognizance of the offences under the above provision of law and after appearance of the accused and after complying the formalities under Section 207 of t