O R D E R

Instant Cr. Revision petition filed under S.397 read with S.401 CrPC, lays challenge to judgment dated 31.82009 passed by learned Sessions Judge, Kinnaur at Rampur in Cr. Appeal No. 2 of 2006, whereby learned court below, affirmed the judgment/order of conviction dated

27.3.2006/28.3.2006 passed by learned Judicial Magistrate 1st Class, Ani, District Kullu, Himachal Pradesh in Cr. Case No. 1-3 of 2005, tilted as State of H.P. v. Ashish Majumdar, whereby learned trial Court, while holding the petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S.18(A) and 18(c) of the Drugs and Cosmetics Act, 1940 (hereinafter, ‘Act’), convicted and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.5,000/- and in default of payment of fine to further undergo simple imprisonment for three months.

2. Precisely, the facts of the case, as emerge from the record, are that on 5.8.2004, complainant Manish Kumar, PW-1, alongwith his Peon Murli Ram, PW-2, after having received instruction from the Drug Controller-cum-Licensing Authority, Shimla, who was in receipt of a complaint that the accused is running his clinic without va