ISHWAR SINGH BINDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under Section 561-A of Cr. P. C. Mutatis mutandis common questions of law and fact arise in this petition and petition No. 563 of 1964 and in order to facilitate matters, we propose to dispose of the petitions by this order.

(2.) THE Bindra Chemical Corporation carries on the manufacture of medicines and substances in accordance with Ayurvedie and Unani systems at Delhi Shahdara. Ishwar Singh Bindra and Balbir Singh, two of the applicants of this petition are the partners and Harbans Singh, the third applicant is the manager of the aforesaid Corporation. The other petition has been filed by Harbans Singh Bindra. The aforesaid Corporation inter alia manufactures 1. Bindra's Autiphilogistic plaster, and 2. Bindra's Yabrooj plaster (Belladona plaster ). These articles purport to have been manufactured in accordance with the Ayurvedie and Unani systems of medicines and this fact appears on the printed labels. The Regional Inspector of Drugs, Agra Region, took sample of the aforesaid plaster from Messrs, Frontier Gupta Medical Stores, Mathura, and the Regional Inspector of Drugs, Aligarh Region took sample of the Yabrooj plaster from Sri Chintamani Vaidya of Messrs. Hansh Aushdhalaya, Sikandra Rao, District Aligarh and the same were submitted to the public analyst for examination.

(3.) THE sample of Antiphilogistic plaster was found to contain boric acid 1. 97 per cent, Glycerine 17. 67 per cent, ash 49. 55. The public analyst was of the opinion that glycerine and boric acid were pharmacopoeial drugs and were not exclusively Unani or Ayurvedie medicines. The sample of Yabrooj plaster did not contain any alkaloid. The minimum content of total alkaloids as laid down in B. P. C. (British Pharmaceutical Cadex) should have been of 0. 23 per cent.