Law:

Section:

(a) Drugs Act (XXXI of 1976)--- ----Ss. 23(1)(a)(ii) & 27(4)---Selling of any counterfeit drugs, selling drugs without having drug sale license---Appreciation of evidence---Benefit of doubt---Prosecution case was that different allopathic drugs were recovered from the possession of accused persons---Suspecting the said drugs to be spurious, samples were extracted for the purpose of test/analysis and a request was routed to the District Quality Control Board for permission to lodge FIR against the accused persons, which was accorded---First Information Report was lodged against the accused persons on the application of Drug Inspector---Prosecution examined seven witnesses including complainant in order to prove the charge against the accused persons---Record showed that complainant party had seen the accused standing in front of a medical store with the intention to supply drugs---Accused was interrogated; on the basis of suspicion, he was unable to justify his presence there; on the basis of said suspicion from his possession two drugs were taken into possession which were later on found as spurious---Co-accused persons were trapped through the accused and were apprehended with spurious drugs---Accused persons were undoubtedly had been punished under S.27 Drugs Act, 1976, on account of offending the prohibition contained in S. 23 of the Act---Penalties provided under the said provisions could only be imposed on account of non-compliance of prohibition referred to under S. 23 of the Act---Prohibition in terms of S.23 of the Drugs Act, 1976 was imposed upon a person only on the export, import or manufacturing for sale or selling any spurious drug---Prosecution's own case was that the accused was implicated in the case on the basis that he intended to sell the spurious drugs---Record transpired that accused was apprehended by the Drug Inspector in presence of prosecution witness, only on the basis of suspicion that he was standing there with the intention to supply such drugs---Section 23 made it incumbent upon the prosecution to first set forth the charge of selling the spurious drugs by the accused and then to lead cogent evidence to that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492