H.S. BINDRA Vs. STATE

JUDGEMENT

(1.) Shri H.S. Bindra has filed this revision application against the judgment and order dated 18-3-1975 passed by the Third Additional Sessions Judge, Agra, setting aside the conviction of the revisionist under Sec. 27 of the Drugs Act, 1940 by the trial court and sending the case back to his court for retrial in accordance with law keeping in view the observations made in the judgment.

(2.) Briefly stated the facts are that M/s. Bindra Chemical Corporation Telebara, Shahdra, Delhi, are the manufacturers of Youbraj Plaster also labelled as Belladona Plaster. The revisionist is said to be the Manager of the said concern. Certain quantity of Youbraj Plaster was sold by the said concern to M/s. Leelaram Brother of Agra. Chetan Das and Moolraj who were also accused in this case and were acquitted by the trial court were the proprietors of the firm M/s. Leelaram Brothers. On 20-4-1962 certain quantity of Youbraj Plaster was sold by M/s. Leelaram Brothers to Chintamani Vaidya of Sikundrarao of district Aligarh. On 6-7-72 Sri H.C. Aggarwal, Regional Inspector of Drugs, Aligarh Region, inspected the shop of Chintamani Vaidya and found the said drugs exposed for sale. Its samples were taken in the manner prescribed. On examination by the Government Analyst it was found that it did not contain any alkaloids and was of sub-standard quality. Therefore, R.K. Arora, Regional Inspector of Drugs, Agra, filed a complaint against Chetandas Moolraj and H.S. Bindra. The complaint was under Sec. 27(a) and 27(b) of the Drugs Act, 1940 for contravention of the provisions of sections 18(a) sub-clause 2 and 18(b) read with Sec. 17(e)(f) of the said Act for manufacturing and selling sub-standard quality of misbranded drug.

(3.) It is needless to refer to the defence of Chetandas and Moolraj because they have been acquitted by the trial court. So far as the revisionist is concerned, be gave out that Youbraj Plaster is Ayurvedic and Unani preparation for which no licence was required. Its equivalent is Belladona Plaster in English. He also gave out that it was not at all misbranded and he mined two witnesses to prove that the drug was actually Unani and Ayurvedic preparation.