STATE OF U.P. Vs. RAJENDRA SINGH SACHAN

JUDGEMENT

(1.) This appeal by the State is directed against an order of the learned Sessions Judge dated 29 -4 -1968 acquitting the respondent of the charges levelled against him u/Ss. 18(a)(i) and 18(b) of the Drugs and Cosmetics Act (hereinafter referred to as the Act). The case against the respondent, who carried on the business of chemist and druggist under the name and style of Messrs Doctors' Medical Stores, Ghatampur, was that on 30 -7 -1966 Sri G.R. Jain, an Inspector of Drugs in distt. Kanpur, purchased chlorodyne on payment of Rs. 18/ - from the accused for purposes of test. Different packets were made and one of those samples was sent to the Govt. analyst of which information was given to the accused. The report of the Govt. analyst indicated that the drug in question was of sub -standard quality. A copy of the report of the Govt. analyst was seat to the accused with a covering letter. The accused acknowledged the letter and sent a reply (Ex. Ka -8). After obtaining the sanction of the Asstt. Drugs Controller U.P., a complaint was filed by Sri Jain against the accused for contravention of Ss. 18(a)(i), 18(a)(ii) and 18(b) of the Act.

(2.) The accused denied the prosecution allegations and pleaded not guilty. He stated that the drug in question was not sold or stocked by him, but that an Agent of Ayurvedic Pharmacy of Etawah had kept a few packets of the medicine on the bench outside his shop and the Inspector forcibly took the sample from those packets.

(3.) The prosecution examined G.R. Jain as the only witness in support of its case. The accused, besides examining himself, produced Mela Ram and Radhey Shyam Khanna in support of his case.