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Drugs and Cosmetics Act, 1940
Sections 27(b)(ii) and 28-Conviction under - by the Chief Judicial Magistrate Ferozepur
Sections 27(b)(ii) and 28-Conviction under - by the Chief Judicial Magistrate Ferozepur
The drugs were not found to be spurious but the accused was found to be in possession of allopathic drugs without an license - Challenge is to the judgment dated 30.11.2013 passed by Additional Sessions Judge, Ferozepur vide which the appeal filed by the petitioner was dismissed-on 5.7.2005 clinic/premises of the Gurdev Singh petitioner were inspected by Sh. Gurbinder Singh, DI, Ferozepur where accused Gurdev Singh was present as in -charge cum proprietor of the said shop and during inspection, accused was found stocking 16 types of allopathic drugs in his shop for sale and distribution. He was asked to produce valid RMP certificates or valid Drugs License as per requirement and disclose the source of acquisition of the drugs stocked by him. The accused failed to produce any license and bills of the drugs so complaint under section 27(b)(II) and 28 of the Act was filed-the drugs were not found to be spurious but the accused was found to be in possession of allopathic drugs without an license. He has been facing trial for the last more than 6 years-considering all the circumstances, the conviction of the petitioner stands affirmed. However, his sentence stands reduced to one year i.e. the minimum prescribed by the Act instead of two and a half years awarded by both the courts below.
Gurdev Singh vs. State of Punjab & others, Punjab & Haryana High Court, 2014(1) Drug Cases(DC) 485

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