STATE OF MADHYA PRADESH Vs. ASIAN DRUGS

JUDGEMENT

(1.) This is appeal against acquittal. The accused-respondents were prosecuted for offences punishable under Ss.18(c) read with S.27(1) and (2) and R.74(1) read with S.27(b) of the Drugs and Cosmetics Act (for short, the Act).

(2.) Respondents 2 to 6 are partners, while respondents 7 and 8 are Manager and Manufacturing Chemist respectively of the said Firm. Respondents were granted licence for manufacturing tablets of Chloroquine Phosphate of 75 mg. each (Paediatric dose), but they actually manufactured tablets containing 125 mgs. drug, thus violating the conditions of the licence.

(3.) The accused-respondents were charged with the following charges : Firstly :- That from 12-6-75 to 3-5-76, they themselves or as a partner or manufacturing chemist of appellant No. 1 violated the provisions of S.18(c) of the D and C. Act by manufacturing and storing for sale and also selling Chloroquine phosphate tablets of 125 mg. without any licnece for the same and, therefore, for having, committed an offence punishable under S.27(a)(II) of the D and C. Act, Secondly :- On 29-11-76 at Indore, as a partner or as manufacturer of M/s. Asian Drugs, having violated R.74(f) of D-C Act, by giving false information to the Drug Inspector, about the quantity of manufacture all store Chloroquine Phosphate tablets with the State Bank of Indore vide letter No. 394/26-77 and thereby for having committed offence punishable under S.27(b) of the D and C Act." The trial Court while acquitting the respondents of the second charge, found them guilty of the first charge, and convicted them and sentenced them to imprisonment till rising of the Court and to pay a fine of Rs. 1000/- each. On an appeal being preferred the lower appellate court acquitted the accused respondents by judgement dated 2-2-1987, delivered in Criminal Appeal No. 19 of 1985.