STATE Vs. SCOTCH PHARMACEUTICAL WORKS

JUDGEMENT

(1.) THIS is an appeal preferred by the State against the acquittal of the Respondent in C.C. No. 90 of 1976 of the Chief Judicial Magistrate, Tirchirapalli in respect of alleged offence under Section 18(l)(i) read with Section 27(b) of the Drugs and Cosmetics Act.

(2.) THE Drug Inspector, P.W.1 laid a complaint before the Court that on 21st July, 1967 he inspected the Pharmacy Section of the Government Hospital, Karur and drew 450 ML of tincture benzoine manufactured by the Respondent. On an analysis of the sample by the Government Analyst, the same was found to be not of standard quality and the contents were found to be deficient to the extent of at least 23.7% and 31% respectively of the total solids and total balsamic acid. On 21st September, 1970, P.W.1 the Drug Inspector sent a requisition under Ex. P3 to the Medical Officer, Karur asking him to furnish the purchase particulars. P.W.1's successor, P.W.2 received the reply under Ex.P4 and took up further proceedings. He sent a show cause notice to the Respondent Pharmaceutical Company, which evoked the reply under Ex.P6. P.W.2 then obtained sanction under Ex.P7 and launched the prosecution.

(3.) IT was contended on behalf of the Respondent that the protocols of test or analysis were not furnished in the analytical report and, therefore, there was violation of R.46(5) of the Drugs and Cosmetics Act and Rules. It was then urged that the report has not been properly proved and that no opportunity was given to the Respondent to cross -examine the analyst. Learned Chief Judicial Magistrate accepted the contentions of the Respondent and acquitted him. Hence the appeal by the State.