Court convicts medical shop owner for not maintaining sales record

Srinagar, Nov 3: A Court in Anantnag has convicted proprietor of M/S Langoo Medicate Bijbehara for not maintaining sales record of the drugs prone to addiction, not disclosing where from he procured the drugs besides violating the general conditions of his retail drug sale license.

Chief Judicial Magistrate Anantnag, F H Iqbal, while allowing the confession plea of Fayaz Ahmad, owner of the medical shop, convicted him under sections 18A read with section 28 and section 18B read with section 28A of Drugs and Cosmetics Act 1940 and Rule 65 read with Section 27(d) of the Act.

After the accused was convicted, the court awarded a fine of Rs 75 000 on him. The Court convicted the accused and sentenced him to fine after recording his statement and hearing him through his counsel.

The accused, who was present in person, had filed an application seeking confession of the allegations leveled against him. The Court recorded the statement of the accused under section 251 CrPC wherein he reiterated that the allegations in the complaint were correct.

The court sentenced the accused to a fine of Rs 25000 for violation of section 18 A, Rs 250000 fine for violation of 18 B and 25000 for violation of rule 65 under the Act.

In case of default of payment of fine, the Court said the convict shall undergo simple imprisonment for a period of three months for the commission of offence punishable under Section 18A read with section 28 of the Act and three months for the commission of offence punishable under Sections 18B read with section 28A of the Act.

“The sentence shall run concurrently”, it said.

While disposing of the complaint, the court ordered that the seized property be destroyed after the period of appeal is over.

The complaint was filed before the court by the drug controller officer Bijbehara in terms of Section 18A read with Section 28 and Section 18B read with 28A, Rule 65 read with Section 27(d) of Act and Rules there under.

Notably, in July this year, the same court had convicted MD of Drug Manufacturing Company M/S Taksa Lifesciences Dera Bassi District Mohali and others for manufacturing and distributing a sub standard drug. The court had awarded a fine of Rs 2.55 lakhs to the convicts.