2013 ALL MR (Cri) 2589


Maharashtra State Pharmacy Council Vs. Mr. Shaikh Sikandar Shaikh Mustaffa & Anr.

Criminal Appeal No. 336 of 2011

13th February, 2013

Petitioner Counsel: Mr. S.T. VEER
Respondent Counsel: Mr. PRASHANT DESHMUKH

Pharmacy Act (1948), Ss.42(1), 42(2) - Contravention of the provisions of S.42(1) - Order of acquittal - Appeal against - Appellant accepts permissibility of compounding of offence - Accused accepted liability to pay fine - Acquittal converted into one conviction - Accused held guilty for contravention of said provisions. (Para 4)


JUDGMENT :- Heard.

2. Leave was granted on 24th June 2011 and appeal is admitted against the order of acquittal dated 31-3-2008 recorded by the learned Chief Judicial Magistrate, Osmanabad, in S.C.C. No. 7/2007, thereby acquitting the respondents (original accused nos.1 and 2) for contravention of provision of Section 42(1) punishable under Section 42(2) of the Pharmacy Act, 1948.

3. A Pursis for compounding of offence under Section 42(2) of the Pharmacy Act is moved by respondent no.1, Mr. Shaikh Sikandar Shaikh Mustafa, and respondent no.2 Dr. Sayyed Shah Akhlaq Ahmed. The appellant - Maharashtra State Pharmacy Council, through its Pharmacy Inspector, also accepts permissibility of compounding. Section 42(2) of the Pharmacy Act conceive, "whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both".

4. Since the complainant has come before this Court against the acquittal and the accused - respondents accept the responsibility / liability to pay fine amount of Rs. 1,000/- each, to be deposited in this Court, as a fine amount, the acquittal is converted into one conviction and respondent nos.1 and 2 i.e. original accused are held guilty in S.C.C. No. 7/2007 for contravention of provision of Section 42(1) punishable under Section 42(2) of the Pharmacy Act, 1948, and are directed to pay and deposit fine amount of Rs. 1,000/- each within 15 days, in default, simple imprisonment for 8 (Eight) days.

5. Appeal is allowed to the extent as above.

Appeal allowed.