STATE OF GUJARAT Vs. MANHARLAL A GANDEVIWALA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15th April 1989 passed by the learned Additional Sessions Judge, Surat, in Criminal Appeal No.11 of 1985 whereby the learned Judge has quashed and set aside the judgment and order of conviction passed by the learned 4th Joint Civil Judge (J.D.) and Judicial Magistrate, First Class, Surat, in Criminal Case No.66 of 1983 whereby the respondents were convicted and sentenced the respondents to undergo R.I for one year and to pay fine of Rs.2000/-, in default to undergo S.I. For six months.

(2.) The short facts of the case is that the Drug Inspector of Ahmedabad visited the premises of the respondents and took five samples of Boric Acid (I.P.) manufactured by Masmin Laboratories of Bombay from five different batches. After testing it was alleged that out of five, four samples were adulterated. A complaint was therefore filed against the respondents for the alleged commission of offence punishable under sections 18A(1) and 18(c) of the Drugs and Cosmetics Act. The case was numbered as Criminal Case No.66 of 1983.

(3.) After recording necessary evidence the learned 4th Joint Civil Judge (J.D.) and Judicial Magistrate, First Class,Surat, convicted the respondents for the offence under section 18(1) and 18(c), read with section 27 of the Drugs and cosmetics Act, 1940 and sentenced them to undergo R.I. For one year and to pay a fine of Rs.2000/-, in default to undergo S.I. For six months.