STATE OF KARNATAKA Vs. PRATAP CHAND

JUDGEMENT

(1.) This appeal by special leave has been preferred by the State of Karnataka.

(2.) The three respondents being the partners of the firm, M/s. Mafatlal and Co., and the firm itself were charged for offences under Sections 18 (c), 18 (a) (ii) and 18A of the Drugs and Cosmetics Act, 1940 read with Sections 27 (a) (ii). 27 (a) (i), and Section 28 of the Drugs Control Act (hereinafter 'the Act'). The defence was a plea of not guilty. The Chief Metropolitan Magistrate found respondents 1 and 3 that is one of the partners and the firm, guilty under S. 18. (a) (ii) and S. 18 (c) of the Drugs and Cosmetics Act and sentenced respondent No. 1 to suffer rigorous imprisonment for 1 year under Section 18 (a) (ii) and to pay a fine of Rs. 500.00, in default, to suffer simple imprisonrnent for one month, and sentenced respondents 1 and 3 to pay a fine of Rs. 1,000.00 each, under S. 18 (c), in default, to suffer imprisonment for 3 months. The respondent No. 2 was acquitted of these two offences as the Magistrate found that it was respondent No. 1 and not respondent No. 2 who was in charge of the business of the firm. All the respondents were acquitted of the offence under Section 18A.

(3.) The appellant preferred an appeal before the High Court of Karnataka from the order of acquittal of respondent No. 2 of the offence under Ss. 18 (a) (ii) and 18 (c) and of all the respondents under Section 18A of the Act. The High Court summarily dismissed the appeal.