HIGH COURT OF ALLAHABAD
H L SAHGAL
Referred Judgements :-
MOHD.ASHARAF V. UMED ALI
THAKUR DAS V. EMPEROR
NARAYAN DAS NATHURAMA
UJJAL SINGH SUNDER SINGH V. AHMAD YAR KHAN
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(1.)THIS is an appeal against an order of acquittal recorded by a Magistrate, 1st class, Allahabad, in a case under Section 27 (b) of the Drugs Act, 1940.
(2.)THE facts of the case lie in a short compass. Opposite party is the proprietor of M/s Sahagal Stores, 15 B/elgin Road, Allahabad, which is a chemist shop dealing in medicines. He held a drug licence No. 20a/37 for dealing in drugs which admittedly expired on 10th of June, 1962. On 23rd of June, 1962, the Drugs Licencing Authority issued notice Ex. Ka 2 to the opposite party informing him that as the period of his drug licence has expired he should deposit the necessary fee and submit an application in the prescribed form for its renewal. This notice was undoubtedly served on the opposite party as is apparent from his explanation dated 30th of November, 1962. Ex. Ka 5 which he sent to the show cause notice dated 28th of November, 1962. In spite of this notice, however, the applicant did not apply for the renewal of his licence.
(3.)ON 27th of November, 1962, he sold one phial of Enos Fruit Salt and one Phial of Dettol against cash receipt Ex. Ka 1 to Sheo Charan (P. W. 1) orderly to Drugs Inspector. When questioned he admitted to have sold the aforesaid drugs against payment on the aforesaid date when his licence had already expired on the 23rd of June, 1962. He, however, denied that by doing so he had committed any contravention of any provision of the Drugs Act and pleaded that after the receipt of the show cause notice by the Drugs Inspector on 28th of November, 1962, he had applied for the renewal of his licence and his application was pending disposal.
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