M RAMANUJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence against the appellant under S.7(i)(a)(ii) of the Essential Commodities Act, 1955 read with S.3 of the said Act and Clause.24 of the Drugs (Prices Control) Order, 1979. The appellant has been sentenced to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for a further period of one month

(2.) P.W. 2, the Drugs Inspector, Intelligence Branch, Quilon inspected the shop of the accused on 10-4-1985 at about 12.30 p.m. The accused is a wholesale dealer in drugs having his place of business at Alleppey in the name and style M/s. Padma Pharmaceuticals Distributors. On verification of the records relating to the supply of drugs to retail dealers it was found that the accused sold 10 packets of Baroline (an antiseptic perfumed cream) manufactured by G D. Pharmaceuticals, Calcutta to S.N. Drugs House, Ettumannur at the rate of Rs. 3.50/- plus local taxes per tube. The accused had also sold these drugs to various ether customers. The retail price shown in the packet was Rs. 3.65/- and according to the Drugs Inspector it should have been sold to the retailer for Rs. 3.29/- per tube and therefore violated S.24(2)(b) of the Drugs (Prices Control) Order, 1979.

(3.) A case was registered against the accused and some of the relevant records kept in the business premises of the accused were seized. The accused when questioned under S.313 Cr.P.C. admitted that he was the owner of Padma Pharmaceuticals Distributors, Alleppey. He only pleaded that there was some bona fide mistake in preparing the bills.