STATE OF HP Vs. CHAMAN LAL

JUDGEMENT

(1.) This is an appeal filed by the appellant/State of H.P. against the judgment of the Court of learned Chief Judicial Magistrate, Una dated 15.7.2002 vide which the respondents were acquitted of the charge framed against them under Sections 18(a)(i) and Section 27(a) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the "Act").

(2.) Briefly stated, the facts of the case are that on 20th August, 1992 CW-1 Navneet Marwah Drug Inspector visited the shop of Ram Lal respondent No.2 and respondent No.1 Chaman Lal was found present there. He gave him his introduction and purchased certain medicines from him for analysis. The samples were taken which were duly sealed at the spot and the samples so taken were sent to the Office of the Public Analyst, Chandigarh and after receipt of the report of the public analyst, he filed the complaint as against respondent No.1 who was present there, respondent No.2 the owner of the shop in question and against respondents No.3 to 5 the alleged manufacturers of the drugs in question.

(3.) The complaint was filed under Section 18(a)(i) of the Act and all the respondents were tried by the learned trial Court leading to their acquittal.