PUBLIC PROSECUTOR Vs. HATAM BHAI

JUDGEMENT

(1.) This is an appeal from the judgment of the 4th City Magistrate, Hyderabad given on 16/03/1965, whereby the learned Magistrate acquitted the accused.

(2.) The essential facts are that the accused are the partners of the shop named and styled as "Fida Hussain All Hussain" Medical and General Stores, Begum Bazar, Hyderabad. The accused held Licence No. 117/62 in Form 20-A and 148/62 in Form 20-B issued on 1-1-1962 by the Drugs Controller, Andhra Pradesh. The accused deal in medicines manufactured by various firms.

(3.) On 3-7-1963, on getting information that the accused have been selling misbranded and spurious drugs like Tincture Iodine, Eucalyptus Oil, Glucose Powder and Woodwards Celebrated Gripe Water etc., the Drugs Inspector (P. W. 1) accompanied by P. W. 2 Drugs Inspector Nanded, and a Police Officer and Panchayatdars went to the shop of the accused at about 3 p. m. They sent one Suryakanth (P. W. 3) to purchase specimens of drugs. Accused 1 was at the counter and was at the counter and was selling medicines. P. W. 3 purchased Tincture Iodine, Eucalyptus oil, Woodwards Celebrated Gripe Water, Glucose Powder along with some other general goods and paid three currency notes of ten rupee denomination, each of which were initialled as M. V. R. by the Drugs Inspector P. W. 1.