STATE Vs. M/S NATIONAL PHARMACEUTICALS

JUDGEMENT

(1.) This Criminal Appeal arises out of judgment of acquittal of A3 and A4/respondents rendered by the learned IV Metropolitan Magistrate, Saidapet, Chennai in C.C.No.7457 of 2002, dated 14.11.2006.

(2.) There are totally seven accused in C.C.No.7457 of 2002, namely M.Vijayakumar/A1, V.Prabhu/A2, M/s.National Pharmaceuticals, Division of Ridu Pharmaceuticals Private Limited/A3, represented by its Director A4/Kamal Chand Jain, G.Susilkumar/A5, Nareshkumar/A6, M.Rajan/A7. A4 to A6 are the Directors of A3 company and A7 is its Manager.

(3.) On conclusion of trial, the trial Court acquitted A3 to A7 and found A1 and A2 guilty and convicted them under Section 18(a)(i) r/w Section 17-B(b)(e) & (d) r/w Section 27(c) of the Drugs and Cosmetics Act, 1940 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.5,000/- each, in default to undergo three months simple imprisonment, against which A1 and A2 preferred an appeal before the learned V Additional Sessions Judge, Chennai in C.A.Nos.327 & 335 of 2006. The learned V Additional Sessions Judge, Chennai by Judgment dated 17.07.2007, set-aside the judgment of trial Court and acquitted A1 and A2 from the charges levelled against them. As against the Judgment of acquittal of A3 and A4/respondents, the State/appellant has filed this present appeal.