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2012 Supreme(Ker) 636

S.S.SATHEESACHANDRAN
C. P. Udayadivakaran – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:Acob Sebastian, Advocate.
For the Respondent: Tom Jose Padinjarekkara, Addl. DGP.

JUDGMENT

1. Petitioner is one among the accused in a pending case on the file of the Sessions Court, Palakkad. He is being prosecuted with some others for offences under the Drugs and Cosmetics Act, 1940, for short, 'the Act', on a complaint filed by the Drugs Inspector, Palakkad. Complaint was filed before the Chief Judicial Magistrate, Palakkad, who, after taking cognizance of the offences imputed, made over the case to the Judicial First Class Magistrate -II, Palakkad for trial. Pending the proceedings, the Act was amended, by which some offences under the Act are triable only by a Special Court. The Magistrate taking into account the amendment to the Act, committed the case to the Sessions Court for trial.

2. Annexure A1 is copy of the complaint, in which including the petitioner five persons are arrayed as accused for various offences under the Act. Crux of the allegation is that accused 1 to 3 and 5 conducted the sale of a drug which is not of standard quality, and the petitioner, A4, failed to produce the purchase record of the drug and conducted the sale of that drug, not having standard quality. Accused numbers 1 to 3 and 5 violated the provisions covered by Section 18(a)(
















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