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2024 Supreme(Mad) 298
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J.
Dr. Mohammed Mustafa Shariff - Appellant
Vs.
State represented by The Drug Inspector, Tondiarpet-II Range, Chennai - Respondent
Crl. R.C. No. 347 of 2024 & Crl. M.P. Nos. 3219 & 3220 of 2024
Decided On : 06-03-2024
Advocate Appeared:
For the Appellant :R. Narendran, Advocate.
For the Respondent: S. Raja Kumar, Additional Public Prosecutor.
IMPORTANT POINT
The right of the accused to examine himself as a witness and the admissibility of crucial evidence in support of the defense.
Headnote:
Criminal Revision - Examination of Witness - Sections 397, 401 of Cr.P.C - G.O.(Ms) No.248, Health and Family Welfare (IM2-2) Department - Indian Medicine Central Council Act, 1970 - Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act, 1997 - Drugs and Cosmetics Act, 1940 - Section 315 Cr.P.C
Fact of the Case:
The petitioner filed a petition under Section 315 of Cr.P.C. to examine himself as a defense witness in a case where he was charged. The trial Court dismissed the petition, stating it lacked merit. The petitioner argued that subsequent registration certificates issued by the Tamil Nadu Board of Indian Medicine (TNBIM) were vital to prove the case proceeded against him on a wrong premise.
Finding of the Court:
The Court found that the petitioner's petition to examine himself as a witness was valid and that he should be given the opportunity to bring evidence to support his case. The Court set aside the trial Court's order and directed the petitioner to be examined as a witness.
Issues: The main issue was whether the petitioner should be allowed to examine himself as a defense witness and whether the subsequent registration certificates were crucial evidence in the case.
Ratio Decidendi: The Court held that the petitioner's right to examine himself as a witness under Section 315 Cr.P.C. should not be denied, and that the subsequent registration certificates were important evidence to be considered in the case.
Final Decision: The Criminal Revision Case was allowed, the impugned order was set aside, and the petitioner was directed to be examined as a witness in the case.
JUDGMENT :
(Prayer: Criminal Revision Case has been filed under Sections 397 and 401 of Cr.P.C, praying to set aside the order passed in Crl.M.P.No.7804 of 2024 in C.C.No.427 of 2015 dated 14.12.2023 pending on the file of the XV Metropolitan Magistrate Court, George Town, Chennai and thereby discharge the petitioner.)
1. This Criminal Revision Petition has been filed seeking to set aside the order passed in Crl.M.P.No.7804 of 2024 in C.C.No.427 of 2015 dated 14.12.2023 pending on the file of the XV Metropolitan Magistrate Court, George Town, Chennai.
2. The petitioner, who was arrayed as Accused No.2 in C.C.No.427 of 2015, filed a petition under Section 315 of Cr.P.C. in Crl.M.P.No.7804 of 2023 to examine himself as defence witness. The trial Court, by order dated 14.12.2023, dismissed the same as devoid of merits. Hence, the petitioner preferred the present revision.
3. The contention of the learned counsel for petitioner is that the petitioner at the time of advancing arguments found that he failed to mark the subsequent registration certificate issued by Tamil Nadu Board of Indian Medicine (TNBIM) and came to know that he produced the temporary Registration Certificate originally issued at the time of enrollment in Certificate No.AU26950 by TNBIM. Since all the registration earlier done under the TNBIM was subsequently segregated for the doctors qualified under the integrated medicines (being combined study of Unani and Modern medicines), they were directed to register afresh. Thereafter, the petitioner on his registration of medical practitioner in TNBIM, again, he was issued Registration Certificate No.0030 dated 13.05.2016. This document is a vital document to prove that on a wrong premise the case has been proceeded against the petitioner by the respondent/Drugs Inspector. The trial Court giving reasons that the petition is devoid of merits is not proper, since the certificates are public documents issued by the statutory authorities.
4. Further, in support of his contention, he referred to Tamil Nadu Government Gazette No.29 dated 20.07.2016, G.O(Ms).No.248, Health and Family Welfare (IM2-2) Department, dated 08.09.2010 and the Medical Registration Certificate issued by the TNBIM dated 21.02.2001, 13.05.2016 and other documents.
5. The learned Additional Public Prosecutor filed his counter and submitted that the previous registration certificate of the petitioner bearing Certificate No.AU26950 was issued by TNBIM on 21.02.2001 and the certificate bearing registration No.0030, produced along with the petition was issued on 13.05.2016. Further, this Certificate obtained after filing of the case. Hence, the petitioner cannot rely upon this document which has been obtained later. Further the petitioner not sent any representation about his registration and not taken any plea during the initial questioning but belatedly at the advanced stage of arguments he filed such petition to protract the proceedings. He further submitted that the case has been registered in the year 2015.
6. He further referred to paragraph 2 of the counter, which reads as follows:
“2. It is humbly submitted that, in G.O. (Ms) No.248 dated 08.09.2010 of HEALTH AND FAMILY WELFARE (IM 2-2) DEPARTMENT,
"under sub - clause (iii) of clause (ee) of rule 2 of the Drugs and Cosmetics Rules, 1945 the Governor of Tamil Nadu hereby declares every registered medical practitioner holding the qualifications specified in the second, third or fourth Schedule to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) and Part III of the Schedule to the Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act, 1997 (Tamil Nadu Act 34 of 1997) and registered in the Medical Register of the State maintained under the aforesaid Acts, as a person practicing the modern scientific system of medicine for the purposes of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940.)".
Here it clearly shows that, Modern Scientific System of Medi
