PRAVINCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 3-9-2001 passed by 1st Additional Sessions Judge, Rat. am in Criminal Appeal No. 235 of 2000, whereby upheld the judgment and order of convication dated 5-10-2000, passed by Chief judicial Magistrate, Ratlam in Criminal Case No. 4317 of 1990. The applicants accused stood convicted under S. 18(a)(i) and 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter for brevity shall be referred to as the 'Act') and sentenced to undergo R.I for one year and to pay a fine of Rs. 5,000/-, in default to further undergo S.I. for one mouth.

(2.) The order dated 22-11-2005 shows that applicant No. 1 had reported to be died on 27-8-2005. In this regard the counsel for applicant has already filed an I.A. 6907 of 2005. In support of the LA, He has also filed the death certificate issued by Municipal Corporation, Indore. The learned G.A. has also admined this fact. Thus the name of applicant No. 1 he deleted from the cause title. Now the revision remains only challenging thi conviction and sentence passed against applicant No, 2.

(3.) The short facts of the case are that applicants were manufacturer of a drug called "Furaszolidone Tablets BPC.68 100mg." under the name and style of Joy Pharmaceutical Laboratories in their Unit situated at 17, Pagnis Paga, Indore. The aforesaid drug is used as an anti-diarrhocal drug. The said drug was supplied to the Govt. Hospital, Ratlam and on 7-10-1989 Drug Inspector Mukund Tayade inspected the Govt. Hospital Ratlam and picked up and seized certain tablets from the store room of the Hospital. A panchnama was drawn by the Drug Inspector regarding seizure of the tablets and after making four separate packets of the 50 tablets each, one packet was sent to the Government Analyst at Bhopal for examination. One parcel was sent to the applicants which was received by them on 3-12-1989. A clarification was sought by the applicants from the Drug Inspector, who in turn on 6-1-1990 send the required clarification.