PREMPAL VARSHNEY Vs. STATE

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 21.1.1992 passed by VIth Additional Sessions Judge, Aligarh in S.T. No. 78 of 1991 (State Vs. Prem Pal Varshney) convicting/ sentencing the appellant under Section 275 IPC/Section 27 of Drugs and Cosmetics Act, 1940 to life with fine of Rs.1 lac and a default sentence of 5 years R.I.

(2.) PW-1 on above allegations filed a statutory complaint under Section 27 (a), 27(6) read with section 18a(i) , 18a(ii) , 18a(iia) and 18a(vi) of the Act, on 21.9.1983 before the Special Court. The trial court taking cognizance of an offence under Section 275 of the IPC read with U.P. Act 47 of 1975, as also under Section 18(a)(i) , (ii), (iii) and 18(c) of the Act proceeded against the appellant as well as the manufacturer. It appears that the manufacturer approached this Court in A-482 no. 10644 of 1991 and obtained an interim order on 11.10.1991, whereby proceedings of the trial court were stayed against him. The trial of the manufacturer stood segregated.

(3.) The prosecution examined PW-1, in order to establish its case. The appellant denied the allegations and contended that the alleged sample was purchased from M/s Bharat Pharma and Chemicals, Hathras, a Licensed firm. He examined himself as DW-1.