K.C. Agrawal, J. - (1.) This revision is directed against the judgment of the learned first temporary Civil and Sessions Judge, Aligarh dated 2nd March, 1973 upholding the conviction of the applicant for the offence under section 17(b) of the Drugs and Cosmetics Act, 1940.
(2.) Briefly stated the facts are that a complaint was filed before the Sub-Divisional Magistrate, Koil, district Aligarh by the Inspector of Drugs U.P. on 23rd December, 1971 to the effect that the house of Angoori Devi (Kapoori Devi) the applicant was searched with the assistance of local police on 4th November, 1969 and during the search Shrimati Angoori Devi was present. In the search the following drugs were seized by the Inspector:- - (a) 133x18 (2394) pudiya Anandkar (b) 100 Pudiya (loose) Anandkar. After recovery, a sample of the recovered drug was sent to the Analyst who thereafter deported that the sample was not of the standard quality. On these allegations, it was alleged that Angoori Devi alias Kapoori Devi had committed the offence under section 17 of the Drugs and Cosmetics Act, 1940. It was further alleged in the aforesaid complaint that the seized drugs (ANANDKAR) was an imitation of genuine Anandkar and a product not actually manufactured by Anandkar Karyalaya, Etawah and therefore, statements made on the pudiyas found from the possession of Smt. Angoori Devi were false and misleading. Accordingly Angoori Devi alias Kapoor Devi was guilty of having misbranded it.
(3.) The applicant pleaded not guilty and asserted that she was not in fact the manufacturer of the Anandkar found from her possession. The Magistrate convicted the applicant for the offence under section 17(b) of the Drugs and Cosmetices Act and sentenced her to six months simple imprisonment and imposed a fine of Rs. 1000/-. Aggrieved the applicant filed appeal before the learned Sessions Judge. The appeal was dismissed and her conviction and sentence were maintained. Hence this revision.;