Possession of controlled drugs without proper licensing constitutes an offer for sale, leading to conviction under the Drugs and Cosmetics Act.

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, Agra and 2486 of N.E.H.M. The complainant associated Raj Kumar (PW2) and Mohammad Rafiq (PW4). He seized the allopathic drugs after making an entry in Form 16 (Ex. PW1/C). The drugs were put in a carton, and the carton was sealed. It was labelled ‘MAC-1’. The carton was signed by the witnesses, the complainant and the accused. An application (Ex. PW5/B) was filed for obtaining the custody of the drugs, and the custody was handed over to the Drugs Inspector. Letters (Ex.PW5/C to Ex.PW5/E) were written to the Drugs Controlling Authority for seeking prosecution sanction, and the prosecution sanction (Ex.PW5/F) was obtained. Letters (Ex.PW5/G and Ex.PW5/H) were written to the Registrar Board of Ayurvedic and Unani System of medicines for verifying the genuineness of the certificates. A letter (Ex.PW5/J) was written stating that the accused was not authorised to practice in Homoeopathy or any other system of medicine. Electropathy/Electro-Homoeopathy was not recognised by the State Council of Homoeopathy/ State Government, as well as the Central Council of Homoeopathy. The complainant filed the present complaint against the accused after receiving the prosecution sanction.

3. Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, he was charged for the commission of an offence punishable under Section 27(b)(ii) of the Drugs & Cosmetics Act, to which he pleaded not guilty and claimed to be tried.

4. The complainant examined five witnesses to prove his case. Bajinder Singh (PW1) and Prakash Chand (PW3) accompanied the complainant. Raj Kumar (PW2) and Mohammad Rafiq (PW4) are the independent witnesses. Navneet Marwaha (PW5) is the complainant.

5. The accused, in his statement recorded under Section 313 of Cr.P.C., admitted that Navneet Marwaha was posted as Drugs Inspector. He stated that he had never practised in allopathic medicine nor had he kept allopathic medicine for sale. He had kept electropathy/electro-homoeopathy medicine in his clinic. His signatures were obtained on blank paper regarding the raid on his clinic. The witnesses deposed falsely against him. He did not produce any evidence in his defence.

6. Learned Trial Court held that the statements of prosecution witnesses proved that the accused had kept the allopathic medicines on the racks in his clinic. The accused produced the certificates, but these were not recognised by the State Council of Homoeopathy System of Medicine, Himachal Pradesh. He was not authorised to practice homoeopathy or any other system of medicine. The fact that the medicines were kept in the clinic can lead to an inference that these were meant for sale. Since, the accused was found in possession of substantial stock of allopathy medicine, an inference could be drawn that these were