- (1.) THE applicant Kasim Bhai is the proprietor of the firm Sattar Bhai Kasim Bhai Chemists and druggists, in Bharthana, District Etawah. He was convicted by a first class Magistrate of Etawah under Section 27 of the Drugs Act, 1940; for contravention of Sub-rules (2) and (9) of Rule 65 of the Drugs Rules and sentenced to a fine of Rs. 200/-, and also for contravention of Rule 110 to a fine of Rs. 50/ -. His conviction was maintained by the learned Additional Sessions Judge of etawah but the sentence of fine of Rs. 200/- for contravention of Sub-rules (2) and (9) of Rule 65 was reduced from Rs. 200/- to Rs. 100/-, The sentence of fine of Rs. 50/- for contravention of rule 110 was, however, maintained. He has now come up in revision to this Court.
(2.) IT appears that the applicant has got a licence for the sale of medicines. The shop was inspected twice by the District Medical Officer of Health, once on 19-5-1953 and again on 30-5-1953, It was found that the applicant was in possession of medicines described in Schedule h of the Act but he had not engaged any qualified person for the preparation and supply of such medicines as was required under the Act. It was also found that he had in his shop for sale eight tubes of date-expired penicillin ointment in contravention of Rule 110 framed under the Act. He was, therefore, prosecuted for contravention of the above Rules.
(3.) THE charges which were framed against him were as follows : " (1) That you on or about the 19th day of May 1953 at Bharthana were found in possession of schedule H Drugs stocked for the purpose of sale without having a qualified man under whose supervision sale of such drugs could be done, and thereby committed an offence punishable under Section 27 of the Drugs Act read With Rules 65 (2) and 65 (9) framed thereunder. " (2) That you on or about the 31st day of May 1953 at the same place were found in possession and exhibiting for sale eight tubes of date-expired penicillin ointment, and thereby committed an offence punishable under Section 7 of the Drugs-Act read with Rule 110 framed thereunder. ";