- (1.)This appeal is directed against the judgment in C.C.No. 385 of 1996 on the file of II Additional Judicial First Class Magistrate, Bhimavaram, dated 13-07-1999 wherein both the accused were acquitted for the charges under Section 27(B) (ii) for the contravention of the provisions under Section 18(c) 22(3) and 22 (1) (cea) of Drugs and Cosmetics Act, 1940 (for short 'the Act').
(2.)The brief facts that are necessary for disposal of the present appeal may be delineated as follows: On 22-12-1993, Drugs Inspector (P.W. 1) inspected the nursing home of accused No. 1 and found certain contraventions under the Act, and therefore, he drafted an observation report in the presence of the mediators and a copy of the same was served on accused No. 1. Further a copy was also sent to the Assistant Director, Drugs Control Administration, Rajahmundry, who in turn sent Ex.P-3 show cause notice dt. 01-01-1994 to accused No. 1 for which accused No. 1 gave a reply stating that he was exempted to obtain a licence for selling the drugs. Again on the directions of the Assistant Director, P.W.1 inspected the dispensary of accused No. 1 on 28-04-1994 and noticed non- maintenance of certain registers. Again on 07-06-1996 P.W. 1 along with P.Ws. 2 to 5 conducted test purchase under panchanama and confirmed the sale of certain drugs by accused No. 2 in accused No. 1's dispensary and noticed that the accused failed to produce any registers required to be maintained as per Schedule-K of Clause 5(2) (c) (e) of the Act, therefore the accused are liable for punishment.
(3.)The accused were examined under Section251 of the Codeof Criminal Procedure for the allegations levelled against them, which were denied by them.