IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100324 OF 2017 (397(CR.PC)/438(BNSS))

BETWEEN:

SHRI PADMAVATI P. ROTTI AGE: 72 YEARS, RENUKA CLINIC, PLOT NO.330, 6^TH CROSS, NAGENDRANMATTI, AT: HAVERI, DIST. HAVERI. …PETITIONER (BY SRI M.J. PEERJADE, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH ASSISTANT DRUGS EXAMINER, HAVERI CIRCLE, R/BY. STATE PUBLIC PROSECUTOR, DHARWAD.

…RESPONDENT Digitally signed by M RU A D L R LI A K Y A Y R A JUN M R KA U A L D L M R LI A A K Y T A Y H R A JUN (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

KALMATH D

2 1 0 1 a 2 : t 3 e 5 6 : .0 :4 4 9 .0 9 +0530 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.PC., PRAYING THAT THE JUDGMENT OF CONVICTION AND SENTENCE PASSED CONVICTING THE PETITIONER OF THE OFFENCE UNDER (i)SEC.18(c) (ii)SEC.22(1)(cca) & (iii)SEC.18(A) BY THE COURT OF PRL. CIVIL JUDGE AND JMFC, HAVERI IN CC NO.222/2009 VIDE JUDGMENT DATED 22.08.2015 AND CONFIRMED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI IN CRL.APL.NO.84/2015 ON THE 16.09.2017 UNDER THE DRUGS AND COSMETICS ACT 1940 BE SET ASIDE AND THE PETITIONER BE ACQUITTED OF ALL THE AFOREMENTIONED OFFENCES.

THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri M.J. Peerjade, learned counsel for revision petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent.

2. Revision petitioner is the accused, who suffered an order of conviction in C.C. No.222/2009 and sentenced as under:

“Accused is convicted for the offence punishable U/Sec. 18(C), 22(1) (cca) and Section 18(A) punishable u/S 27(b)(ii), 22(3) and 28 of Drugs and Cosmetics Act 1940 by acting U/S 248(2) of Cr.P.C.

Accused is convicted for the offences punishable U/Sec. 27(b)(ii) of Drugs and Cosmetics Act 1940 and sentence to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/-

Accused is convicted for the offences punishable U/Sec. 22(3) of Drugs and Cosmetics Act 1940 and sentence to undergo simple imprisonment for a period of one year and to pay a fine of Rs.3,000/-

Accused is convicted for the offences punishable U/Sec. 28 of Drugs and Cosmetics Act 1940 and sentence to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/-

In default of payment all the fines, she shall undergo simple imprisonment for a period of one year.

In default of payment of fine, the default sentences shall run consecutively.”

3. Order of conviction and sentence was questioned before the First Appellate Court in Crl.A.No.84/2015.

4. Learned Judge in the First Appellate Court, after considering the oral and documentary on record in a cumulative manner, re-appreciated the same and dismissed the appeal.

5. Being further aggrieved by same, accused is before this Court in this revision.

6. Accused has been chargesheeted for the offences punishable under Sections 18(C), 22(1) (cca) and Section 18(A), 27(b)(ii), 22(3) and 28 of Drugs and Cosmetics Act, 1940 (hereinafter referred to as ‘the Act’, for short). Noting that she was running a drug shop without licence. After due trial, she has been convicted and sentenced as referred to supra.

7. Even at the time of recording the accused statement, accused failed to produce the licence to run the drugs and cosmetics stores which was being run in the name in style ‘Renuka Clinic’ situated at F-S4/336, plot No.330, 6^th cross, Nagendranamatti, Haveri.

8. She was also involved in practicing allopathic system and selling allopathic drugs. Dr. P.R. Havanur is examined before the Court as PW-2, who has conducted the raid and three more witnesses as PW-1, PW-3 and PW-

4 who have all supported the case of the prosecution and drawing of panchanama at the spot at Ex.P-5 stands established. Ex.P-8 is the Life Membership Certificate and Ex.P-7 is the Registra