STATE Vs. SH HUKAM CHAND

JUDGEMENT

(1.) OBTAINING leave under Section 378 (4) Cr. P. C. 1973 to challenge the judgment and order dated 1. 2. 1982 passed by Sh. D. N. Kadian, metropolitan Magistrate, Delhi, appellant urges that the impugned judgment and order dated 1. 2. 1982 be set aside and that the respondent be convicted under Sections 27 (a) (i) and 27 (b) read with Sections 18 (a) (i), 18 (a) (ii) and 18 (a) (iia) and Rule 65 (18) read with Section 18 (c) of the Drugs and Cosmetics Act, 1940.

(2.) APPELLANT is the Drugs Inspector, Delhi administration. Respondent (accused) is hukum Chand, sole proprietor of M/s Fair Deal Chemist.

(3.) BRIEFLY noted, relevant facts are that on 5. 2. 1978, in the presence of the respondent the Drugs Inspector, Sh. V. B. Bajpai, pw1 collected samples of two drugs known as Analgin Tablets, Batch No. 235 purported to be manufactured by M/s HKG Pharma (Pvt.) Ltd. and Prednisolone Tablets, Batch no. CP. 104 purported to be manufactured by M/s Cyper Pharma from the premises of m/s Fair Deal Chemist. Intimation in form 17 about the collection of the samples and one sealed portion of each sample was handed over to the respondent.