In order to prove the guilt of the accused, prosecution has to prove that the shop of the accused was inspected by the competent persons, and the samples meant for Doctors were being sold. P.Ws.4 and 5 who are said to be the panch witnesses present at the time of seizure, were examined and did not support the prosecution case. Further, P.W.1 was the Drug Inspector working at Kamareddy and he has no jurisdiction to inspect the shop of the accused. According to him P.W.3-Assistant Director asked him to proceed to M/s. Ayyappa Medical and General Stores, Manopad Village and inspect the shop. Accordingly he inspected the shop and found physician samples of 29 varieties. Evidently, there is no written direction from P.W.3 authorizing P.W.1 to inspect the shop of the accused and seize the property. Even as per the evidence of P.W.1, after seizure of the property the same was handed over to P.W.2, the regular Drug Inspector, Mahabubnagar. Therefore, it clearly goes to show that while the regular Inspector was present, P.W.1 conducted search and seized the property without there being any written authorization permitting him to conduct search. P.W.3 is the Assistant Director, who spoke about receipt of information about holding the physician samples. The evidence of P.W.2 does not show that he was present at the time of seizure and he was directed by P.W.3 to inspect the shop of the accused. Therefore, the evidence of P.Ws.1 and 2 are of no avail.
