Supreme Court of India · 1995-09-26
BHARAT PRASAD GUPTA vs STATE OF WEST BENGAL
- Citation / case number
- SC 1990/75487
- Court
- Supreme Court of India
- Petitioner
- BHARAT PRASAD GUPTA
- Respondent
- STATE OF WEST BENGAL
- Author
- A.S. ANAND
- Bench
- A.S. ANAND
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 27 of the Drugs and Cosmetics Act, 1940, for unlawfully possessing allopathic medicines without a license. The Court found that the prosecution established the appellant's possession of the medicines and instruments, which were seized during a police raid, and that the absence of expert testimony did not negate the evidence presented. The Court affirmed the lower courts' findings, emphasizing that mere possession of allopathic medicines without a license constitutes an offense under the Act.