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Synopsis

The Supreme Court has reduced sentence awarded to a 85-year-old man and his son from one year jail to till rising of the court in a case related to running a medical shop without a license.

A bench of Justices M M Sundresh and Aravind Kumar has modified the Karnataka High Court's order of June 8, 2023, which reversed their acquittal by the sessions court under the Drugs and Cosmetics Act, 1940.

"Though, we are not inclined to interfere with the impugned order on merit, taking note of the submission made by the counsel for the petitioners that the first petitioner is about 85 years old and the second petitioner happens to be his son, working as a Sanskrit lecturer, we are inclined to invoke proviso to Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, as we find that there are adequate special reasons for the reduction of the sentence," the bench said.

The bench directed S Srinivasan and his son S Sridhara to be present before the concerned Court on November 21, 2023 for the purpose of undergoing the sentence. "We further make it clear that the fine imposed shall stand confirmed," the order added.

A private complaint was filed on May 03, 2003 under Section 200 CrPC by the Assistant Drug Controller, Mysuru Circle-II against the accused alleging the offences punishable under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act. 

It was alleged that they were running a firm under the name and style of M/s Sri Rama Medicals and General Stores, at No 6, Opp Siddhivihara, Manadavadi Road, Srirampura, Mysuru-08, stocking for sale, exhibiting for sale and offering for sale, drugs without possessing the valid drug license under the provisions of Drugs and Cosmetics Act, 1940.

Samples of two drugs were taken for analysis. However they were found to be of standard quality. 

They failed to give the source of acquisition of some of these drugs and were accused of having committed the offences punishable under Section 27 (b) (ii) and 28 of the Drugs and Cosmetics Act.

Case Title: S SRINIVASAN & ANR. vs. THE STATE OF KARNATAKA