RAVINDRA PRAKASH ARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision is directed against the judgment of I Additional Sessions Judge, Ghaziabad, upholding the contention of the Union of India that the complaint filed by the Drugs Inspector under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act) against the applicant for the offences under Sections 27 (a) (ii) read with Section 18 (c), Section 27 (a) (i) and Section 27 (b) read with Section 18 (a) (i), Section 18 (a) (ii), 18 (a) (iii) Section 28 read with Section 18a of the Drugs and Cosmetics Act, 1940, which is triable by the Sessions Court.

(2.) IT appears that on receiving information that the accused applicant was selling spurious drugs from his shop known as M/s. Aggrawal Medicine Company, Upper Bazar, Modinagar, a test purchase of 5 capsules of Oxytetracycline, Batch No. 190773, manufactured by M/s. Cooper pharma, New Delhi, was made along with other drugs from the aforesaid shop. The capsules were sent to the Director, Central India pharmacopoeia Laboratory, Ghaziadad, for testing. By his test report-dated 31. 7. 1974, the Director declared that the" drug was not of acceptable quality for the reasons given in his report. The premises of the aforesaid shop was again inspected on 9. 4. 1974. No licence, whatsoever, for stocking and sale of drugs was found issued to Dr. Ravindra Prakash Arya the applicant, by the licensing authority till 9. 8. 1974. On the basis of these allegations and some others a complaint was filed on 16. 1. 1976 against the applicant for being prosecuted for the offences mentioned above.

(3.) THE Chief Judicial Magistrate took the statement of the Drugs Inspector under Section 200, Criminal P. C. and, thereafter, summoned the applicant.