NARASINGO CHAUDHURY Vs. STATE

JUDGEMENT

(1.) The petitioner, Narasingo Chaudhury is the proprietor of a medical shop known as Jayabharat Pharmaceutical Industries at Balangir. On 1-9-1950, the Assistant Civil Supply Officer inspected the shop and found that a phial of Conozol did not bear any price-mark and that this was in contravention of Notification No. 30487, S. T., dated 16-2-1950. The said notification was published in the Orissa Gazette, dated 25th August 1950 and the inspection of the shop was made, as stated above, on the 1st September 1950.

(2.) The plea of the petitioner was that he was not aware of the notification and that, in any case, he had no intention to commit the offence he was charged with.

(3.) The Magistrate who tried the case convicted him under Section 13 (1) of the Orissa Drugs Control Act, 1950, and sentenced him to pay a fine of Rs. 25/-, in default to undergo simple imprisonment for one week. The learned Sessions Judge has recommended to this Court that the conviction of the petitioner should be set aside. Section 10 (1) of the Orissa Drugs Control Act says that: