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 Case Digest

Drugs and Cosmetics Act, 1940
Sections 18(c) read with section 27(b)(ii) -conviction under
Sections 18(c) read with section 27(b)(ii) -conviction under
In order to sustain a conviction under Section 27(b)(ii), it must not only be proved that the accused kept the medicines without having licence, but it must also be proved that they were kept for selling - It has to be established by the prosecution affirmatively that the stock is for the purpose of sale or for distributing to the customers. In view of the wordings of Section 18 (c) of the Act, it must also be proved by the prosecution that the stocking of the medicine must be only for sale. The words used in Section 27, namely, "Manufacture for sale, sells" have a comma after each clause, but there is no comma after the clause "stock or exhibits for sale". Thus, the Section postulates three separate categories of cases i. e. (1) manufacture for sale (2) actual sale and (3) stocking or exhibiting for sale or distribution of any drugs. The absence of any comma after the word "stocks" clearly indicates that the clause "stocks or exhibits for sale" is one indivisible whole and it contemplates not merely stocking the drugs but stocking them for the purpose of sale and unless all the ingredients of this category are satisfied Section 27 of the Act would not be attracted�the sentence of simple imprisonment can be reduced by invoking the provision under Section 27 of the Act. Considering the long passage of time, the nature of accusation and having regard to the fact that the petitioner has already undergone a sentence of about 15 days as under-trial prisoner immediately after the procurement of judgment in appeal, this Court is of the view that the sentence of simple imprisonment for one year is reduced to the period of sentence which the petitioner has already undergone, but the sentence of fine imposed by the trial Court and confirmed by the lower appellate Court shall be maintained.
D. Naga Krishna vs. State of A. P., Andhra Pradesh High Court, 2008 (2) Drugs Cases (DC) 207


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