RAJASTHAN PHARMACEUTICAL LABORATORY BANGALORE Vs. STATE OF KARNATAKA:UNION OF INDIA:STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Karnataka High Court by which the High Court set aside the acquittal of the three appellants before us ordered by the Judicial Magistrate, Ist Class, (4th Court), Bangalore and convicted them of various offences under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act). The first appellant M/s. Rajasthan Pharmaceutical Laboratory is a firm of which the second appellant is a partner and the third appellant is the Manager. The first appellant holds a licence under the Act for repacking of drugs mentioned in the list which forms part of the licence. For purposes of the Act the first appellant is a manufacturer of the said drugs in view of the definition of the term 'manufacture' occurring in S. 3 (f) of the Art which is as follows :-

(2.) On the facts on record the High Court found :

(3.) For these offences the High Court sentenced each of the three appellants to pay a fine of Rs. 2,000 on each of the counts, in default appellants Nos. 2 and 3 were to undergo simple imprisonment for three months 'for each non-payment of fine". For the same offences the High Court further sentenced the third appellant "by virtue of Section 34 (2)" of the Act to undergo simple imprisonment for three months on each count and to pay a fine of Rs. 500 on each count; in default of payment to simple imprisonment for one month for 'each non-payment of fine'. The substantive sentences passed on the third appellant were directed to run concurrently.