STATE OF U P Vs. RAM BH

JUDGEMENT

(1.) THIS appeal has been directed by the State against the order passed by Sri. B. B. Khare. Temporary Civil and Sessions Judge, Hardoi acquitting Ram Bharosey accused respondent of an offence punishable under Section 18 (a) (i), (a) (ii) and (b) read with Section "27 of the Drugs and Cosmetics Act.

(2.) THE facts giving rise to this appeal are that on May 24, 1968 the Inspector of Drugs, Lucknow Region, Lucknow visted the shop of respondent Ram Bharosey situate in Beniganj at about 1. p.m. and found that a drug named "Anandkar" (Batch No. 1204) had been stocked for sale in his shop.

(3.) THE Drugs Inspector also sought confirmation from the genuine firm named "Anandkar Karyalaya Private Ltd,Etawah" and the Secretary of the said firm confirmed vide letter Ext. ka-5, that the sample obtained from the shop of respondent Ram Bharosey did not belong to his firm. He also enclosed a genuine carton of the drug named "Anandkar" manufactured by his firm for comparison. The Drug Inspector referred the case to the Assistant Drugs Controller, U. P. vide letter dated 11th September. 1968, office copy of which is Ext. ka-7, for permission to launch prosecution. The Assistant Drugs Controller directed the Inspector to prosecute Ram Bharosey for the violation of the Act. This letter dated 23rd November, 1968 is Ext. ka-8. In these circumstances the present complaint was filed in the Court.