DURGA DASS BANSAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Misc. petitions (Main) Nos. 298 and 316 of 1981 as well as 160 of 1982 since common questions of law and fact have arisen.

(2.) THE relevant facts are these. The Controller of Stores, Himachal Pradesh, Nigamvihar, Simla, invited tenders for various stores including the rate contract for bleaching powder. The petitioner, who carries on his business under the name and style of M/s. Manak Textile Mills, Delhi, submitted his tender for the supply of bleaching powder. It may be noticed that the petitioner does not deal in chemicals but he undertook to supply the article from the local dealers of 'kci' manufacturers. It may also be noticed that the article was described as "trade group-chemical Code No. C-10. " The petitioner had described the article in his tender as

(3.) THE first contention of the learned Counsel for the petitioner is that no standard has been laid down for bleaching powder under the Act. It is Section 3 (b) which defines the 'drug' thus: drug" includes- (i) all medicines for internal or external use of human