October 01 v. State of Haryana & Anr.

Another forceful argument advanced by the learned counsel for the petitioners is that only Ram Nath petitioner was running the clinic in dispute and Amar Nath petitioner was running his clinic in a different shop, therefore, he is not liable for the drugs kept in the clinic by the petitioner Ram Nath. Having given my thoughtful consideration to the contention, I do not find any force in the same for the reason that when the clinic was inspected Amar Nath petitioner was sitting there and his statement was recorded on form No.XVII Ex.PA, wherein he did not disclose the fact that Ram Nath petitioner was the proprietor of the clinic and he was temporarily sitting there only to guard the clinic in his absence. Further more, correspondence between the petitioners and the Drug Inspector continued for about one year, but at no stage this fact was disclosed by Amar Nath that Ram Nath was running the clinic in the shop in dispute and he was not liable for any act of the latter. It may be observed that this plea was taken up only for the reason that the cash memo Ex.DA placed on the record was in the name of Ram Nath petitioner as the purchaser of the medicines. This plea of Amar Nath petitioner stands falsified from the testimonies of Sushil Kumar (PW5) Proprietor of M/s Laxmi Medicos and Devinder Kumar (PW6) Proprietor of M/s Gandhi Medical Agency, who categorically deposed that the petitioners were running the clinic jointly in the same shop. Crl. Revision No. 287 of 1999 -7- *** No other point has been urged. For the foregoing reasons, I am of the view that the trial Court has appreciated the evidence in right perspective and the findings returned by the Courts below regarding conviction of the petitioners does not suffer from any such illegality which may suggest interference by this Court. Consequently, finding no merit in the revision petition the same is hereby dismissed. Chief Judicial Magistrate, Ambala is directed to take necessary steps to procure the custody of the petitioners for serving remaining part of their sentence. October 01, 2007 'deepak' To be referred to Reporter: Yes/No. ( A.N. Jindal ) Judge