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Expired medicine case: Court returns charge sheet, directs further investigation
12/21/2015 11:26:30 PM
Early Times Report
Srinagar, Dec 21: Chief Judicial Magistrate (CJM) Srinagar has returned to police a chargesheet filed by police regarding a case in regard with the sale of expired injection at Endocrine and Diabetes Center, Karanagar here last month.
"I have gone through the whole file (challan) which reveals that the investigation has not been done properly by the Investigating Officer," said Chief Judicial Magistrate Srinagar Massarat Shaheen, specifying couple of lacunas in the police investigation.
CJM, Srinagar Massarat Shaheen said, "The first lacuna in the investigation is -who is the person running Endocrine and Diabetes Center and on whose name the license has been issued, whether the person on whose name the license has been issued has any partnership with Dr Hayat and whether both the persons have the common object to sell the expired medicines/drugs to the patients.
"The case has concluded against two persons who are salesmen of the Endocrine and Diabetes Center, the CJM Srinagar pointed out while adding, "the court is unable to understand as to how these two persons are involved in the commission of offence when the medicines have been purchased by the pharmacist who is running the shop." He also said that investigation is also silent as to from where he has purchased those medicines and what was the interest in between the Doctor who has issued prescription slip in order to get e medicines from Endocrine and Diabetes Center.
Accordingly, the court ordered the case was a fit case for further investigation under section 173(8) of CrPC and directed SSP Srinagar to undergo further investigation of the case through a competent officer not below the rank of Dy SP. "Henceforth the challan (chargesheet) as such is returned back to Investigating Officer for doing the needful," the court added.
Earlier Police had presented the chargesheet before the court against two salesmen at the clinic under section 336,420 RPC on the facts that one person along with his wife consulted Dr. Hayat in his clinic at Karan Nagar where he prescribed certain medicines.
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