K.C. KAPOOR Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of Mr. R.K. Sinha, Additional Sessions Judge, Delhi, upholding the conviction and the sentence of the petitioner under Sec. 7 of the Essential Commodities Act. 1955 read with clause 15 of the Drugs (Price Control) Order, 1970.

(2.) It may be noticed that the records of the trial court are reported to have been lost in the fire which took place in the Record Room of Tis Hazari Courts. I have, therefore, accepted the copies . of various statements etc. which were with the petitioner for the purpose of deciding this case.

(3.) The petitioner is the proprietor of M/s. Raja Ram Chemist & Co., 22-A, Khan Market, New Delhi. He has a licence under the Drugs and Cosmetics Act, 1940 to sell medicines. On Oct. 28, 1971 a bottle containing 20 tablets of drug Lutonestryl manufactured by M/s. Franco India, Bombay, was sold for Rs. 12.45 to one Inder Jit Gulati. A cash memo was duly issued. Later on Gulati came to know that the price of the drug was only Rs. 4.50 and that he has been over-charged. Gulati, therefore, contacted Drug Inspector G.P. Saxena and showed him the cash memo. The Drug Inspector visited the shop and took into possession the cash memo book of the firm and duly filed a complaint against the petitioner.