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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sanjay K. Maanav – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 12.09.2012 passed by learned Sessions Judge, Kangra at Dharamshala (learned Appellate Court), vide which the judgment of conviction dated 12.06.2007 and order of sentence dated 20.06.2007 passed by learned Chief Judicial Magistrate, Kangra at Dharamshala (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present revision are that Navneet Marwaha (PW5) was posted as Drugs Inspector for Kangra. He inspected the premises of M/s Maanav Health Clinic, Bhagsu Road, Macleodganj, on 15.06.2001 with the assistance of the police. Sanjay K. Maanav (accused) was present in the clinic, and he had displayed a variety of allopathic drugs for sale. The complainant disclosed his identity to the accused and asked him to produce the drug licence or a certificate of a registered Medical Practitioner; however, the accused could not produce any licence or certificate. He produced photocopies of certificates No. 960 of Akhil Bhartiya Ayurvedic Vidyapeeth
Possession of controlled drugs without proper licensing constitutes an offer for sale, leading to conviction under the Drugs and Cosmetics Act.
The conviction under the Drugs and Cosmetics Act requires proof of sale or stocking of drugs without a valid license, and procedural compliance in investigations is crucial for upholding such convict....
Conviction under drug regulation provisions requires proving non-compliance, highlighting the importance of disclosing the manufacturer's details for legal protection.
Compliance with statutory provisions is essential for the validity of prosecution actions; failure to adhere to such requirements can lead to acquittal.
The court can invoke the Probation of Offenders Act to release an offender on probation considering their age, health, and lack of prior criminal history.
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