STATE OF MAHARASHTRA Vs. LAXMICHAND NAGAJI JAIN

JUDGEMENT

(1.) At the outset, since respondents were not represented, this court appointed Ms Triveni Jani as Amicus Curaie. I have to note Ms Triveni Jani was of immense assistance.

(2.) The State of Maharashtra is impugning in this Appeal an order and judgment dated 19-6-2002, by which the Learned Judicial Magistrate First Class, Panvel, acquitted four respondents of offence punishable under Section 18(a)(i) read with Section 16(1)(a) of Drugs and Cosmetics Act 1940 (the said Act) punishable under Section 27(d) of the said Act.

(3.) It is the case of prosecution that on 17-10-1995, Drugs Inspector Pushpahas Mukand Balal (P.W.-3), who was the Investigating officer, visited the premises of M/s Agarwal Medical Stores at Post Bapera Tal Tamsar, District Bhandara and drew samples of ESCOL suspension, Batch No.31794, manufacturing date September 1994, expiry dated September 1996, manufactured by Esjeet Products, i.e., respondent no.5, and sent one portion of the sealed sample to the Government Analyst for analysis. The analyst submitted his report on 1-3-1995 to the effect that sample was not of standard quality. On receipt of the report, the Investigating Officer carried further investigation and finally arrived at the door step of respondent no.5. Respondent nos.1 and 2 are the partners of respondent no.5. Respondent nos.3 and 4 are the employees of respondent no.5. On conclusion of investigation, the Inspector Mr. Sadhwani, who took over the investigation lodged a complaint against respondents. Three witnesses were examined before framing of charge. Thereafter, charge was framed and all respondents pleaded not guilty and claimed to be tried.