R K KHANDELWAL Vs. STATE

JUDGEMENT

(1.) This is an application in revision by R. K. Khandelwal and G. C. Khandelwal against the order of the Additional Sessions Judge of Kumaon, Nainital, setting aside the order of discharge and directing further inquiry.

(2.) Messrs. P. Cool & Co. Ltd., Lucknow, had supplied Olive Oil to G. B, Pant Hospital, Nainital. The Inspector of Drugs, Bareilly Region, Bareilly took a sample of this Olive Oil on 27-2-1980. One of the samples was sent to the Government Analyst for analysis and report who found that the drug (Olive Oil) was sub-standard. On receipt of the report the Inspector of Drugs filed a complaint against the applicants alleging that they had committed an offence punishable under Section 27 read with Section 18 of the Drugs Act, 1940 (to be referred hereinafter as the Act). The complainant led evidence as to the supply of the Olive Oil by Messrs. P. Cool & Co. Ltd., Lucknow, the taking of the sample and also the report of the Government Analyst. No attempt was made to prove who the partners or directors of the Firm were and to what extent the applicants were responsible to the Company. The applicants, however, made a statement as if they were the partners of this Company.

(3.) The Magistrate discharged the applicants of the offence, but this order was set aside in revision and the Additional Sessions Judge directed further inquiry.