STATE OF TAMIL NADU Vs. N C GOPALAN

JUDGEMENT

(1.) The State bas filed these two appeals against acquittal. There are two respondentsaccused in each of the appeals and they are the same. The first accused N.C. Gopalan was the proprietor of Popular Pharmaceuticals and the 2nd accused Rajendran was the Manager in that firm. The two cases, C.C. Nos. 7296 and 7297/77 were filed against them for committing offences by contravening certain provisions of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as Tthe ActT). In each of the cases four charges were framed against them as follows: (1) Under section 3(b), 18(c) read with section 27(a)(ii), (2) sections 17(e) and (f), 18(a)(ii) read with section 27(a)(i), (3) section 18(a)(iii) read with section 27(b) and (4) section 18(b) read with section 27(b). The learned XV Metropolitan Magistrate who tried the two cases found both the accused guilty on each of the charges, and accordingly he convicted them, and sentenced each of them to undergo R.I. for two years and to pay a fine of Rs. 1,000 under each of the charges. He ordered the sentences of imprisonment to run concurrently.

(2.) As against these orders the accused preferred two appeals, C.A. Nos. 439 and 440 of 1977, before the Sessions Court, Madras. The learned I Additional Sessions Judge heard both the appeals together and in one common judgment he held that none of the charges against the two accused has been proved, and therefore he set aside the convictions and sentences and acquitted them.

(3.) As against this order of acquittal the present two appeals have been filed. C.C. No. 7296 of 1977 was filed in respect of a preparation, which had been branded as Kudaja Arishtam, and C.C. No. 7297 of 1977 was filed in respect of a preparation branded as Lohasavam (In both the cases P.Ws. 1 to 3 are the same persons and their evidence in both the cases are almost identical).