Research › Browse › Judgment

Supreme Court of India · body

1986 DIGILAW 480 (SC)

Navratan Jain v. State of Rajasthan

1986-10-23

K.N.SINGH, SABYASACHI MUKHARJI

body1986
ORDER : Special leave granted and order in the appeal. This is an appeal directed against judgment of the High Court dated 28th January, 1986. The appellant was convicted under section 18 (i) (iv) and section 18(c) read with section 27 of the Drugs and Cosmetics Act, 1940. The charge against the appellant was that he had stored some medicines without a proper licence. It was further alleged that the said medicines were kept in the shop belonging to the appellant. Admittedly, there was no licence and so the appellant was guilty of the offence charged. There are, however, certain circumstances which should be taken into consideration in the interest of Justice. The appellant was carring on previously a business jountly with his brother for selling medicines under a proper licence. Later on they departed and the accused appellant had applied for a license, which at the time of the alleged offence, had not been granted but was subsequently granted. 2. Having regard to the facts and circumstances of the case, we are of the opinion that the appropriate order would be to reduce the sentence of imprisonment to the period already undergone, as we are informed that the appellant has already undergone the sentence a little more than one month, and enhance the fine to Rs. 2,000/- from 1,000/-. We accordingly order that the sentence of imprisonment of the appellant be reduced to the period already undergone and enhance the fine imposed upon him from Rs. 1,000/- to Rs. 2,000/-. The rest of the sentence of imprisonment is remitted. The appellant be released on payment of enhanced fine. The appeal is accordingly disposed of.