STATE Vs. MOTI LAL

JUDGEMENT

(1.) Motilal, proprietor of Rajasthani Ayurvedic Pharmacy, Subzimandi, Delhi, was tried and convicted by Shri M. M. Aggarwal, a Magistrate of the First Class, for contravention of the provisions of section 18(c), 18(a)(i) and 18(a) (iii), which is punishable under section 27(b) of the Drugs Act, 1940 (referred to hereafter for the sake of brevity as the Act). Under the first count he was sentenced to fine of Rs. 200.00. and under the later two counts to fine of Rs. 100.00 each. In default of the payment of fine he was ordered to undergo rigorous imprisonment for certain periods. He filed an appeal to the Court of Session. The appeal was accepted, on September 7, 1967, by Shri K. S. Sidhu, Additional Sessions Judge, and the case was remanded with the following directions :-

(2.) By treating the order of the learned Additional Sessions Judge as that of acquittal the State preferred the present appeal.

(3.) In order that the contentions raised in the case may be appreciated it is necessary to briefly state the facts. On April 19, 1963, Shri S. P. Luthra, Drugs Inspector, Delhi, inspected the godown of Rajasthani Ayurvedic Pharmacy and found stocks of drugs as under :- (i) Tincture Sarpentaria B.P.C. 34 Batch No. 219 bearing lable of Pharma Drugs Manufacturing Co. Jammu (Kashmir). 15 bags each bag containing 50 bottles. (ii) Auristillae Rasorcinolis B.P.C. 1949, Batch No. 134, bearing label of New Pharma Laboratories Jammu (J & K) 4 bags each bag containing 50 bottles. (iii) Auristillae Resorcinolis B.P.C. 1949, Batch No. 132, bearing label of New Pharma Laboratories Jammu (J & K) one bag containing 50 bottles. (iv) Auristillae Resorcinolis B.P.C. 1949 Batch, No. 136, bearing label of New Pharma Laboratories Jammu (J & K ) 109 bags each containing 50 bottles.