Verma, J. - (1.) The respondents were found guilty by the trial Court for contravention of para 21 read with para 18 of the Drugs (Prices Control) Order, 1979 (hereinafter referred to as the Order) issued under S. 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) and accordingly convicted under S. 7 of the Act. Respondent No. 1 firm was sentenced to a fine of Rs. 2,000/- while respondents 2 and 3 who were the managing partner and pharmacist of the firm were sentenced to three months simple imprisonment. The High Court of Kerala at Ernakulam (hereinafter referred to as the High Court) allowed their appeal against the conviction and sentence and acquitted all of them, Hence, this special leave petition against their acquittal.
(2.) Leave granted.
(3.) The allegation on which the prosecution of the respondents was based is that they collected Rs. 90/- in excess of the maximum retail price fixed for the sale of 15 tablets of Largactil of 100 mg. each and 600. in excess for 100 tablets of dipnotex of 5 mg. each from one Gebastian Joseph, a Nursing Assistant in the Medical College Hospital, Kottayam, on 4-2-1985. It is alleged that recovery of the amount in excess of the maximum retail price fixed for the sale of these medicines under the Drugs (Prices Control) Order, 1979 was a contravention of the provisions contained therein which is punishable under S. 7 of the Essential Commodities Act, 1955. The trial Court rejected the several defences raised by the respondents and found them guilty of contravention of para 18 read with para 21 of the Order which is an offence punishable under S. 7 of the Essential Commodities Act, 1955. The respondents were accordingly convicted and sentenced as aforesaid.;