AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner is chemist. A raid was conducted in his business premises. This happened on 7th of May, 1988. Some medicines and drugs which
had out lived their efficacy were seized. Later on fine was imposed. Petitioner has deposited the fine. This is by way of composition. It is this
composition of fine which is subject matter of challenge in this writ petition.
Respondents have filed objections. It is stated that during search and inspection drugs which had out lived their efficacy were found in the shop.
These dugs were meant for sale. These drugs were injurious to human life. These were unfit for human consumption. On account of above factors,
action was initiated against the petitioner. It is submitted that the petitioner made request for compounding the offence. This was accordingly
compounded. In these circumstances it is submitted that action is taken against the petitioner is in accordance with law.
Petitioner submits that the Municipal authorities have no powers to take any action in this regard. It is submitted that if some enquiry was to be
held then the Controller of Drugs or Food Department should have taken action.
It be seen that action can be taken under Section 155 of the J&K Municipal Act 2008(1951 A.D.). If there is sale of expired drugs which are
not fit for human consumption. For facility of reference this section is reproduced below.
Prohibition of sale of diseased animals or unwholesome articles intended for human food. No person shall sell, store for sale, expose or
hawk about for sale or keep for sale, any animal intended for human consumption which is diseased or any food drink or drug intended for human
consumption or medical treatment or manufacture any such food drink or drug which is unsound, unwholesome or unfit for human food"".
A perusal of the above section does indicate that if drugs are kept by the concerned Chemists and Druggists which is not fit for human
consumption then that can be seized and for the criminal act further action can be taken. So far as question of cognizance of offences is concerned
procedures has been indicated in the Chapter XXVIII. Section 269 confers power on the Municipal authorities to compound the offence. This
reads as under:
269 Power to compound offences (i) except as otherwise provided in this Act. The Executive Officer or with the authorisation of the council any
other officer or the medical officer of health in respect of offences under chapters XIV, XV, XVII and XVIII may accept from a person against
this Act or any rule or bye law a sum of money by way of composition for such offence"".
With regard to the matters covered by chapter XV competent authority can compound the offences. This is precisely what had happened in this
case. The action taken by the respondents was in accordance with law.
This petition is as such found to be without merit and is dismissed.