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Drugs and Cosmetics Act, 1940
Section 27 (d) and 27 (d)(2)- conviction under-revisional jurisdiction does not empower re-appreciation of evidence
Section 27 (d) and 27 (d)(2)- conviction under-revisional jurisdiction does not empower re-appreciation of evidence
- Boric Acid sample taken on 9.3.1989-found below standard - both the courts below concurrently found that the petitioner has permitted offence for which the petitioner has been convicted. This court is well aware about the limitation of this court while exercising the revisional jurisdiction, which does not empower re-appreciation of evidence. Hence so far as conviction is concerned the judgement passed by the learned Courts below is maintained-the alleged offence is dated 9.3.1989 while the complaint was filed on 27.9.1993, considerable time has already been lapsed and the petitioners are facing prosecution since last 20 years-as per Section 27 of the Act minimum sentence is one year, however, as per proviso to sub-section (b) of Section 27 of the Act the Court is empowered to impose the sentence of imprisonment for a term of less than one year and fine of less than Rs.5,000/- for any adequate and special reason to be recorded-finding of conviction is maintained with the modification to the extent that the jail sentence awarded to the petitioners is reduced to the period already undergone subject to depositing fine of Rs. 50,000/- (Rupees Fifty Thousand Only) by the petitioners within a period of six weeks, in default the petitioners shall suffer jail sentence awarded by the trial Court.
Kamalkumar S/o Gurmukhdas Bagzai and another vs. State of M. P. Through Senior Drug Inspector, FDA, Indore, Madhya Pradesh High Court (Indore Bench), 2009 (1) Drugs Cases (DC) 449

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