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KERALA HIGH COURT
Sri. S. Ananthakrishnan, J
Subhikshm Pharmaceutical Distributors (M/s.) v. State of Kerala
| Table of Content |
|---|
| 1. revision petition challenges the conviction based on evidence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments against the remand decision regarding evidence. (Para 8) |
| 3. court critique on reliance of inadmissible evidence. (Para 9) |
| 4. legal reasoning against remand for filling evidence gaps. (Para 10) |
| 5. final decision leading to acquittal of accused. (Para 11) |
1. This Revision Petition has been filed challenging the judgment in Crl.A. No.119/2008 dated the 27.11.2014 on the file of the Additional Sessions Court VIII, Ernakulam (for short 'the appellate court').
2. The revision petitioners are the accused Nos.2 and 3 in C.C.No.796/1997 on the file of the Judicial 1st Class Magistrate Court - II, Kochi (for short 'the trial court'). They along with the 1st accused were tried for the offence punishable under S.267(A), 28(B) of the Drugs and Cosmetics Act .
3. The 1st accused is the proprietor of M/s.Unisan Pharmaceuticals engaged in the manufacture and sale of drugs. The 2nd accused is a firm carrying out distribution of drugs and the 3rd accused is the Managing Director of the 2nd accused firm.
4. The prosecution case in short is that the accused sold the banned drug namely Mexa
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