KANTIRANI JAYNARAYAN MANGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed by the original accused under Articles 226 and 227 of the Constitution of India challenging the order of conviction passed against the accused for the contravention of the provisions under section 7 read with section 3(d) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (Act No. 21 of 1954) (hereinafter referred to as the "Drugs Act"). The conviction was recorded on November 29, 1978 in Criminal Case No. 82/S of 1978 and the same was upheld in the revisions by the learned Additional Sessions Judge, Greater Bombay by his judgment and order dated January 8, 1981 in Revision Application No. 11 of 1979.

(2.) The accused Smt. Kantirani J. Mangal is the sole proprietress of a shop called M/s. Breast Beauty Stores. This store was established in the year 1974. The accused is selling the articles known as Bust Developer and while advertising this Bust Developer, which is an instrument to be used for a proper development of breast of a woman, it is alleged that the accused had advertised a booklet in the form of Exhibit A depicting the photograph of a women showing the use of bust developer with another photograph showing the instrument itself and the sketch of the supposed pump which is to be utilised in the process of using of this instrument. The instrument and the booklet are sold top the customers and they are separately charged.

(3.) On August 10, 1977, Drug Inspector Suhas Shamrao Anyaphanwar, who is the sole witness on behalf of the prosecution in this case raided the shop of the accused situated at Dadar, Bombay and seized the following articles :