DANAPALAN Vs. STATE

JUDGEMENT

(1.) THE accused who is having wholesale licence in Drug and the Proprietor of "Seven Star Medicals" is the appellant in all three appeals. The respondent/Drug Inspector filed a complaint against the appellant for violation of Paragraph 21 of the Drugs Price Control Order (hereinafter referred to as "the order) read with Section 7(i)(a)(ii) of the Essential Commodities Act, 1955. In all these cases, the appellant/accused was convicted under the above provision and was sentenced to undergo Rigor Imprisonment for one year and to pay a fine of Rs. 1000/ -.

(2.) THE case of the complainant in all these three appeals is as follows: -

(3.) WHEN the incriminating materials were explained to the accused, he denied the evidence. He has stated that when he was not available in the shop, the employee in the shop was asked to sell the drug to a customer and that as he did not know the name of the customer, he has written the name of the shop in the bill and that they sold the drug only at retail price.