A.N.Mulla, J. - (1.) Sri Dharam Deo Gupta, the applicant in this case, has been convicted on two charges under the Drugs Act 1940 (Act No. XXIII of 1940). He was held to have contravened the provisions of Section 18(a) (i) as well as Section 18 (a) (ii) of the said Act. He was, therefore, convicted under Section 27 of the said Act to nine months' rigorous imprisonment and a fine of Rs. 500 on both the counts by the trial court. The appellate court upheld his conviction under both the counts, but set aside the sentence of imprisonment under these, two counts. The applicant has now come up in revision before this Court.
(2.) The applicant was the Managing Director of a company Known as "The New International Chemicals Ltd., which had its Depots at Lucknow as well as Barabanki. This company did not manufacture any drug, but it dealt with drugs. In a part of the premises of the said firm at Lucknow there was another firm which was known as 'Asha Medical Stores, Lucknow'. The proprietor of this firm was Sri P.N. Varma. Sri P.N. Varma had previous dealings with a drug manufacturing firm at Calcutta known as 'Andrew's Chemicals (India) Ltd.
(3.) The Government of India invited tenders for the supply of one lac fifty thousand ampoules of 10 c.c. equa pro injections. The necessary conditions and specifications were mentioned when these tenders were invited. One of the essential conditions was that the goods supplied should be 'own make' of the firm who submitted the tender. The applicant's firm, although it did not manufacture the required drug, submitted a tender and it was accepted by the Government on the 10th of December, 1954. The condition of a supply was that the entire quantity was to be supplied in two instalments of 75 thousand ampoules each, one by the 28th of February, 1955 and the other by the 30th of April, 1955. When this tender was accepted, a schedule was attached to the letter of acceptance. According to Clause 13 of this schedule the particulars governing the supply were the following :-- "(a) Specification :-- B.P. (British Pharmacopeia) (b) Makers name and brand :-- 'Own make'. (c) Country of origin :-- India." Under Clause 15 of the said schedule the Dy. A.D.G. (M.S.), M.S.D. Karnal was appointed the inspecting officer and the place at which the goods were to be tendered for inspection was mentioned as the premises of the firm.;