KISHANCHAND LILARAM BAJAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Manohar, learned Counsel for the applicant and Shri Loney, learned A. P. P. for the non-applicant.

(2.) THE criminal application under section 482 of the Code of Criminal Procedure is directed against the judgment and order dated 10th August, 1998 passed by the III Additional Sessions Judge, Nagpur, whereby Criminal Revision Application No. 2187 of 1993 preferred by the non-applicant/state was allowed and the order of discharge dated 19-8-1993 passed by the Additional Chief Judicial Magistrate was set aside.

(3.) SHRI Manohar, learned Counsel for the applicant contended that Smt. Awadhibai Bajaj was granted licence under the provisions of Drugs and Cosmetics Act on 27-2-1983 for a period of five years. At the time of grant of licence, the name of the applicant was shown as qualified person. A complaint was filed against the applicant on 9-4-1991 in the Court of Judicial Magistrate, First Class, Nagpur for alleged contravention of Rule 65 (4), (2) and Rule 65 (3) read with section 18 (c) and 18 (a) (vi) of the Drugs and Cosmetics Act, 1940. The allegations in the complaint reveal that the applicant was not able to produce purchase records and the drugs sold were in excess of the purchase records produced.