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2021 Supreme(MP) 38

VIVEK RUSIA
Vimalchand – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Harshawardhan Sharma, Learned Counsel
For the Respondent: Sameer Verma, Learned Panel Lawyer

ORDER :

Vivek Rusia, J.

1. This is the revision filed under Section 397 and 401 of Cr.P.C., 1973 against the judgment dated 31.01.2016 passed by the Judicial Magistrate First Class, Jhabua in Criminal Case No. 253/2011 whereby he has been convicted under Section 24 of the M.P. Ayurvigyan Parishad Adhiniyam 1987 and sentence to six month R.I. with fine of Rs. 1,000/- with default stipulation. Against the aforesaid order, the applicant has preferred an appeal before the Sessions Court and vide judgment dated 05.01.2021 the Sessions Judge, Jhabua has affirmed the conviction but reduced the sentence from six months to three months with fine of Rs. 1,000/- and hence the present appeal is dismissed.

2. As per prosecution story, Dr. Kamlesh Paraste (PW/5) in-charge of the community health center, Jhabua along with Nayab Tehsildar Kumari Nidhi Verma (PW/4) and two panch witnesses conducted the raid in the clinic of the present applicant and found that the applicant is having the degree under the Electro Homeopathic System of Medicine but he is doing the practice of Allopathy Medicines. The search was conducted in his clinic and following medicines were found:-

Injection Mqueen, Injection Dexa,

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