Decided on August 23,1965

STATE OF U.P. Appellant


J.N. Takru, J. - (1.)This appeal by the State of U.P. is directed against an order of the learned SDM, Jalesar, acquitting the Respondent of offences under Sec. 18(a)(i) and 18(a)(ii) of the Drugs Act (Act XIII of 1940).
(2.)The aforesaid appeal arises out of a complaint filed by Sri S.C. Agar -wal, Regional Inspector of Drugs, Aligarh, on the allegations that the Respondent carried on the business of a Chemist and Druggist in Jalesar under the name and style of M/S. Gupta and Go. (M/S. Gupta Medical Stores). On the 23rd May 1962, at about 11.30, he (the Inspector) went to the said shop of the Respondent, and found him stocking and exhibiting for sale, on the dispensing table of his shop, about 14 ozs. of a drug in a bottle labelled as 'Oil Clove Zangi'. The Inspector suspected the quality of this drug. He, therefore, purchased the bottle, along with the contents, from the Respondent for Rule 10/ for test and analysis, under the provisions of the Drugs Act and the Rules framed hereunder. The drug thus purchased was then divided in 4 parts, and each part was put in a separate phial and sealed in the presence of the Respondent. Thereafter one phial was given to the Respondent, and of the remaining three phials one was sent to the Government Analyst, Lucknow for analysis. On receipt of the report of the Government Analyst, that the said sample was below the standards laid down in the Indian Pharmacopoeia, the Respondent was prosecuted under Ss. 27(a) and 27(b) of the Drugs Act, 1940, for contravention of Ss. 18(a)(i) and 18(a)(ii) of the said Act.
(3.)The Respondent admitted the taking of the sample from his shop on the 23rd February 1962. His case, however, was that he took out the said bottle from an almirah of his shop which was kept in the second room. According to him 'Oil Clove Zangi' was not a drug, and was not used for medicinal purposes, and, further, that he never sold it as medicine. He also stated that as the said bottle bore a label showing that it was 'made in France' its contents could not conform to the standard laid down in the Indian Pharmacopoeia.

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