SURAJ BHAN JAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application directed against the order of the learned Magistrate D/- 10-5-1984 framing charge against the petitioner under S. 7 of the Essential Commodities Act for violation of Cl. 21 of the Drugs (Prices Control) Order, 1979.

(2.) The allegation is that the petitioner had sold a physician's sample of Livergen Syrup. Originally the petitioner had been charged for violation of the provisions of R.65(17) and (18) of the Drugs and Cosmetics Rules, 1945, but as the said charge was not sustainable, the prosecution made a prayer to amend the charge. Before the Magistrate, it was contended on behalf of the accused that there has been no violation of Cl. 21 of the Drugs (Prices Control) Order, 1979. The same having been rejected and the charge having been framed, the petitioner has come up with this application.

(3.) Mr. Mund appearing for the petitioner contends that Cl. 21 of the Drugs (Prices Control) Order, 1979, prohibits the sale of any formulation specified in any of the categories in the Third Sch. at a price exceeding the price specified in the current price list or the price indicated on the label of the container or pack thereof. Though the prosecution has been able prima facie to establish that the price at which the medicine in question was sold is higher than the price indicated in the lable, the prosecution has utterly failed even prima facie to establish that the formulation is one specified in any of the categories in the Third Sch. The Third Sch. contains three categories of formulations, namely, Category-I consisting of 15 items, Category-II consisting of 20 items and Category-III consisting of 38 items. "Formulation" has been defined in Cl. 2(f) to mean