The Drugs Inspector vs M/S.Rudhira Voluntary Blood Bank ...
2022 Latest Caselaw 3148 Tel

           HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No.91 of 2020
JUDGMENT:

1. The State, aggrieved by the acquittal of the

respondents 1 to 3/A1 to A3 for the offences under Section

18(c)r/w 27 (b)(ii) of Drugs & Cosmetics Act, 1940 by

judgment dated 26.06.2019 passed by the file of the I

Additional Judicial Magistrate of First Class, Khammam,

(for short 'the learned Magistrate') in C.C.No.105 of 2014,

the present appeal is filed.

2. The Drug Inspector/P.W.1 went to the premises of the

1st respondent/Blood Bank on 19.07.2013 on the

information received that the said A1/Blood Bank was

manufacturing blood components without valid drug

licence. Accordingly, P.W.1 along with another

officer/P.W.2 inspected the premises and found stocks of

three blood bags of frozen plasma in A1 Blood Bank. P.W.1

asked the respondents/A1 to A3 to produce valid drug

licence for manufacturing blood components. However, A3,

who was present at the search failed to produce any valid

licence. For the said reason, three blood bags which were 2 KS,J Crla_91_2020

fresh frozen plasma and some other documents of blood

bank details were entered in Form-16 and panchanama was

also conducted in the presence of A3, P.Ws.1 and 2.

3. P.W.1 further verified the seized documents from the

premises of A1 blood bank and found that the A1 firm had

supplied blood plasma to several hospitals and some

purchases like blood bags were also made. P.W.1 also

examined some hospitals to which hospitals blood

components were supplied and some hospitals have also

given requisition for receiving blood components such as red

blood cells and blood plasma. Following the procedure of

seizure, the said blood components were seized under three

bags were destroyed in accordance with Bio-Medical Wastes

(Management and Handling) Rules, 1998. Following the

procedure under the Drugs & Cosmetics Act, 1940, P.W.1

issued a notice to A1 asking the particulars of any drug

licence.

4. In the present case, A1 had valid licence, which was

issued by the Central Licence Approving Authority i.e.,

Drugs Controller General and forwarded to the State 3 KS,J Crla_91_2020

Licencing Authority. The licence issued was valid up to

02.08.2013 vide licence No.7/KM/AP/2010/BB/G.

5. The only ground on which the learned Magistrate has

acquitted the respondents/accused is that they had in fact

a valid licence which was admitted by P.W.1 and in the said

circumstances, no prosecution can be maintained under the

Drugs & Cosmetics Act and consequently acquitted the

respondents/accused.

6. The sole ground on which the prosecution has filed the

present appeal is that in accordance with Ex.P27, the

licence is valid from 02.08.2013 and blood components were

seized on 19.02.2013. For the said reason, the

respondents/accused have to be convicted under the

provisions of Drugs & Cosmetics Act for not possessing the

licence as on the date of search.

7. As seen from Ex.P27, A1 firm had a valid licence from

02.08.2013. However, letter was forwarded by the Director

& Licencing Authority stating that the list of blood

components duly approved by the Drugs Controller General

(1), New Delhi under the blood bank licence bearing

No.7/KM/AP/2010/BB/G, dated 12.04.2010 in Form-28C, 4 KS,J Crla_91_2020

which clearly establishes that A1 firm had a valid licence

prior to 02.08.2013. Further, P.W.1 during the course of

his cross-examination admitted that A1 firm was having a

licence under Form 28-C and P.W.1 also admitted that A1

firm was supplying blood to various hospitals as per the

licencing conditions.

8. In the said circumstances, when P.W.1/Drug

Inspector, himself has admitted that A1 firm was holding a

valid licence as on the date of search, no case is mad out by

the State to interfere with the findings of the learned

Magistrate.

9. In the result, there are no merits in the appeal and the

same is liable to be dismissed and accordingly dismissed. As

a sequel thereto, miscellaneous applications, if any, shall

stand closed.

                                          __________________
                                           K.SURENDER, J
Date: 29.6.2022
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 5                                                   KS,J
                                           Crla_91_2020



      HONOURABLE SRI JUSTICE K.SURENDER




           Criminal Appeal No.91 of 2020




                 Date:29.06.2022




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