Karnataka High Court
M/S.City Medicals vs Assistant Drug Controller on 6 July, 2011
Author: V.Jagannathan
Bench: V.Jagannathan
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 06! DAY OF JULY 20110. °°
BEFORE _ Bes
THE HON'BLE ME.JUSTICE VAJAGANNATHAN
CRL.R.P.NO.1450/ 2010 C/W. ORL: R. P. NO. 1451/2010
BETWEEN:
1. M/s. City Medical,
Katha No.416,
Assessment No.48@5, 0
B.H. Road, Bhudravathi oS
2. Syed Mujeeb Ula |
S/o Syed Abdisl Kareem, ee
Aged about 38 years;
Proprietor, -- oe .
M/s.city Medicais,
Katha 80.416, 0
Assesement No.4&5,
; B-H.Road, Bhadravathi. . PETITIONERS
: In Cri.R.P.No.1450/ 2010
1 Mi &: Chitra Medicals &
». General Stores,
'Singaniane, B.R.Project,
Bhadravathi taluk.
ho
7 Ravindra Aradhya,
S/o late Gurumurthy
Aged about 51 years,
Proprietor,
M/s.Chitra Medicals &
General Stores,
Singa nane ,B. R. Project,
Bhadravathi taluk.
3. MP. Sathyanarayana,
M/ &. Chitra Medica
Singamane, B.R.Project, a
Bhadravathi taluk. . PETITIONERS -
In CrLR.P.No.1451/ 2010 --
is & General stores,
(By Sri.A.N.Radhakrishna, Adv.)
AND:
Assistant Drug Controller,
Shimoga circle,
Shimoga. | a | COMMON RE SPONDENT
{By Sri.P. Karurscker, HOG
These er, & Ps. are filed urider Section 397 & 401
of Cr, PC. praying i) set aside the judgment of
conviction and sentence dated 18.09.08 passed by the
Cu Ar. Dn} @. AddLJMFC, Bhadravathi, in
. CONeS.564/03 &- 565/03 and ju t confirmed
dated. 14.10.2010 passed by the P.O, FIC,
Bhadravathi, in CrlA.Nos.111/08 & 110/08 and
acyuit the petitioners.
dimission this day,
, "+ arapans, be Imposed. More over, the
2. The only grievance
the petitioners is that, m respect of conviction: of 'the
respective petitioners for the offences" puniohebie _
under Sections 18(A}(6) r/w Rule 65(18) & Seotion:
27|d) of the Drugs and Ccametios Act, 1940, the trial .
court had sentenced the petitioners 'ta one year
Oris ent and to pay & fine of. Rs .500/- and
Bs
therefore, learned Counsel referring te. rr j nent of
this Court: 'paased ine CELA. No. 1309/ 2003 dated
18. 11 2003 'end 'also the decision reported in 2010(1)
Drugs 'Cases wc) at Page No.1, contended that the
sentence 'of imprisonment be set aside and only fine
allegation
*
: : against. he. petitioners was that they were found getting in thelr shop physician samples not for sale. 7 3 Having thus heard the petitioners' Counsel HCGP for the | and | also Sri.P.Karuneker
- reapondent-State in this regard, and taking note of the Counsel for the two decisions cited by petitioners, in my view, sentence of imprisonment can be set aside by confining the sentence only to fine and de fine amount can be from Rs.500/- ° to Rs.5,006/-, im default of payment of fine, the oo both the cases. Fine amount shall be. paid within Sur eeks from the date of receipt-of a copy of this order.
4. For the above said reasons, both the petitions are allowed to the extent _of the "sentence being modified as above. - oe Sd/4 Judge