STATE Vs. UNI DRUG

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order passed by the XVI Metropolitan Magistrate, George Town, Madras-1 in C.C. No. 27681 of 1974, acquitting the accused who were charged for an offence under sections 18 (a) (i) and 27 of the Drugs and Cosmetics Act, 1940.

(2.) THE prosecution case is as follows: A-1 is a firm situate at No. 177, Govindappa Naicken Street, Madras-1, licensed to repack and sell drugs as provided under the Drugs and Cosmetics Act, hereinafter referred to as the Act. Accused 2 to 4 are the partners and A-5 is the chemist of the said firm. P.W. 1 is the Drug Inspector.

(3.) P.W. 2 Manager of Government Medical Store Depot, testified that an order was placed with A-1 for supply of 1500 kgs. of Talc Purified LP. under Exhibit P-17, dated 16th February, 1973. 3,000 packets each containing 500 gms. bearing Batch No. 639 repacked by the Uni Drug (A-1) was delivered . Later, a copy of the report of the Government Analyst declaring the item as not conforming to the standards prescribed in the I.P. was received with a request not to dispose of the stock. They then intimated A-1 by Exhibit P-18 about their rejection of the stock which was acknowledged by Exhibit P-19 by A-1.