DRUGS INSPECTOR PRAKASAM DISTRICT HYDERABAD Vs. PONNAM DEVALA RAO PHARMA SURGICAL COTTON INDUSTRIES GUNTUR DISTRICT

JUDGEMENT

(1.) The Drugs Inspector, Prakasam District, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, preferred the present Criminal Appeal as against the Judgment dated 22-10-1997 made in C.C.No. 59 of 1989 on the file of II Additional Munsif Magistrate, Ongole.

(2.) The Drugs Inspector, Prakasam District filed Charge-sheet against the accused alleging that the accused contravened the provisions of Section 18(A)

(3.) The case of the prosecution is that the accused is the sole proprietor of a manufacturing unit, run under the name and style of M/s. P-Pharma Surgical Cotton Industries, supplied absorbent cotton wool I.P. 500 grams Batch No. 028 to District and Medical Officer. It is also the case of the prosecution that on 22-09-1987, T. Bose Babu had inspected the Family Planning Stores situated in District Medical and Health Office under the control of District Medical and Health Officer, Ongole and had taken sample of absorbent cotton under voucher No. 1708, dated 22-09-1987 from Sk.M. Basha and forwarded the sealed portion of the said drug to the Government Analyst, Drugs Control Laboratory, Hyderabad, for test or Analysis as per the provisions of Drugs and Cosmetics Act, 1940 and the Rules thereunder. The Government Analyst, Drugs Control Laboratory, Hyderabad had declared that the said drug as of not standard Quality and issued a certificate of test or analysis in Form No. 13 in triplicate, bearing report No. 1351/A/87 dated 29-12-87. T. Bose Babu had forwarded the said certificate of test or analysis to the District Medical and Health Officer, Ongole, requesting him to furnish the details of stock position and purchase invoices of the said drug. The District Medical and Health Officer in his letter dated 24-01-1988 had expressed his inability to furnish the said details as their stock registers were taken away by Anti Corruption Bureau authorities. Later the Director, Drugs Control Administration, Hyderabad, has issued a show cause notice to the accused and the accused issued a reply in his letter dated 15-06-1988 and as he was not satisfied with the reply directed T. Bose Babu to prosecute the accused. Bose Babu received the required information from all the concerned officials including from District Medical and Health Officer, Ongole, stating that the accused firm had supplied the said drug and after completion of the formalities required under the Act, filed charge-sheet under Section 27(d), alleging that the accused had contravened the provisions of the Act.