P.N. Bakhi, J. - (1.) The Applicants were charged, for an offence punishable Under Sec. 18(a)(1) read with Sec. 27(b) of the Drugs and Cosmetics Act, 1940 by the City Magistrate, Jhansi on 25 -10 -1969. They filed a revision before the Additional District Magistrate, Jhansi which was dismissed on 29 -7 -1970. They have now come to this Court in revision.
(2.) The prosecution case is that the Inspector of Drugs, Jhansi Sri R.K. Arora inspected the premises of the Chandra Medical Stores on 9 -10 -1967 and took a few samples of the medicines from the said stores in the presence of Dr. Sita Ram Agrawal. He sent the samples to the Public Analyst, Lucknow in accordance with rules framed under the Drugs and Cosmetics Act. On analysis the Public Analyst declared one of the medicinces namely Liquor Iodi Mitis., B.P. to be sub -standard. Thereupon, the Drugs Inspector obtained instructions of the Controlling Authority viz., The Assistant Drugs Controller, U.P. for instituting a prosecution Under Rule 51(5) framed under the Drugs Act, 1940. On 22 -2 -1969, the Inspector of Drugs, Jhansi filed a complaint in the court of the City Magistrate, Jhansi against Dr. Sita Ram Agrawal, Sri Hari Ram Agrawal and Smt. Bimla Devi partners of M/S. Chandra Medical Stores and the firm M/S. Chandra Medical Stores, 81 Khataryana, Jhansi, through Dr. Sita Ram Agrawal. After recording evidence Under Sec. 202, Code of Criminal Procedure the City Magistrate was of Opinion that no case had been made out against Smt. Bimla Devi. She was accordingly discharged. The City Magistrate, however, found that a prima -facie case had been made out against the other three accused and accordingly he framed a charge as aforesaid against them. Hence the revision before the court below and before this Court, has been filed by Dr. Sita Ram Agrawal, Hari Ram Agrawal and M/S. Chandra Medical Stores, Jhansi.
(3.) I have heard counsel for the parties and have also perused the record of this case. Counsel for the Applicants has made three submissions before me.;