STATE Vs. BHOLA NATH GUPTA

JUDGEMENT

(1.) This is an appeal by the State against the judgment dated 5-8-76 acquitting accused Bhola Nath Gupta in a case under Sec. 27 read with Sec. 18 of the Drugs and Cosmetics Act, 1940.

(2.) Heard learned counsel for the parties.

(3.) According to the prosecution, P.W. 1 P. Kamal, the then Inspector of Drugs, Allahabad, along with P.W. 2 S.K. Pathak another Drugs Inspector then posted at Meerut raided House No. 92, Shahnoor Aliganj situate in police circle Shahganj in the city of Allahabad on 11-8-71 at about 9.00 A M. in the morning and found accused Qasim, Irshad Ahmad, Samiullah and respondent Bhola Nath Gupta sealing bottles and labelling them as 'Woodwards Celebrated Gripe Water' and 'Nanol Eye Drops'. It is said that respondent Bhola Nath Gupta slipped away and could not be arrested, but the other three accused were arrested on the spot and the drugs which appeared to be misbranded were seized. They were sent to the Public Analyst and the Public Analyst confirmed that they were spurious and misbranded.