H.C.P. Tripathi, J. - (1.) APPLICANT was convicted by the City Magistrate, Kanpur Under Section 27 of the Drugs and Cosmetics Act (Act No. XXIII of 1940) and sentenced to one month's rigorous imprisonment and to a fine of Rs. 500/ -. In default of payment of fine, he was directed to undergo one month's further rigorous imprisonment.
(2.) ON appeal, the learned Civil and Sessions Judge, Kanpur affirmed the conviction and sentence of the Applicant. Applicant is a partner in M/s. Misra Brothers which maintains a Drugs and Cosmetics shop at Kanpur. On 22 -2 -1966 Sri G.R. Jain (PW 1) Inspector of Drugs, Kanpur Region, inspected the premises of the shop in the presence of the Applicant and collected a sample of Prednisolone Tablets, B.P. 5 m. gms., which were stocked there and sent the same to the Director, Central Drugs Laboratory, Calcutta for its analysis and report. The report of the Director indicated that the tablets were not of standard quality as defined in Drugs Act, 1940 and the Rules made thereunder. Accordingly, on a complaint lodged by Sri Jain, Applicant was tried for an offence punishable Under Section 27 of the Drugs and Cosmetics Act.
(3.) AT the trial, Applicant pleaded not guilty and stated that the aforesaid tablets found in his shop were not for sale and he had so informed the Drugs Inspector at the time of his inspection. According to the Applicant, the tablets had been received by him from M/s. A.B. and Sons, which had not sent the invoice for the same and therefore, they were kept in stock awaiting the receipt of the invoice. Applicant examined three witnesses in his defence.;