JUDGMENT :

Rakesh Kainthla, J.

The Drug Inspector for Kangra and Chamba, alongwith the police inspected the premises of petitioner/accused Suresh Sood being run in the name and style of M/S Modern Medical Store, Palampur, District Kangra (HP) on 16.05.2004. Petitioner/accused Suresh Sood was present in the shop at the time of the inspection. The search was conducted in the presence of witnesses Chanda Ram, Nand Lal, Mastan Singh (subinspector, P.S. Palampur) and Parkash Chand. During the search, certain boxes of drugs were found on the premises. The petitioner Suresh Sood was asked to produce purchase and sale records of the drugs as required under the Drugs and Cosmetics Act, 1940 and the Rules framed thereunder. However, he could not produce any sales records. Hence, the Drug Inspector seized the drugs in the presence of witnesses. These were put in a box, which was sealed and labelled as per the law. Form No.16 was filled on the spot and the same was handed over to the proprietor. Custody orders were obtained from the learned Chief Judicial Magistrate, Kangra at Dharamshala. A notice was served upon Suresh Sood on 16.05.2004 forthe production of sale purchase record of the drugs s