M.R. Sharma, J. - (1.) The District Drugs Inspector, Karnal, filed a complaint under Sections 27(a), 27(b) and 28 of the Drugs and Cosmetic Act, 1940 (hereinafter referred to as the Act) against the four respondents, for selling misbranded and spurious drug.
(2.) Shri Chander Parkash Mehta, the then Drugs Inspector Ambala, accompanied by Dr. Dev Rai, Deputy Chief Medical Officer of Health, Karnal, went to the shop of Ashok Kumar respondent on March 22, 1976. The shop bore the name of Messrs Ganesh Medical Stores, Somalkha. He found 79 tablets of a medicine in a bottle on which the word "PREDNISOLONE" was inscribed. The bottle bore the printed label, disclosing batch No. 750841 manufactured by Cooper Pharma, New Delhi. The Drugs Inspector divided 79 tablets into four parts in the presence of Ashok Kumar respondent. One packet containing 12 tablets, duly sealed, was handed over to this respondent. The other three parts were also packed separately and duly sealed. The signatures of Ashok Kumar respondent and Dr. Dev Raj were secured on Form-17. Ashok Kumar respondent refused to put his seal on the samples on the pretext that no seal was available with him. He, however, put his signatures on the samples. One sealed sample of the medicine was sent to the Government Analyst, Haryana, along with Memo on prescribed Form 18 Exhibit PD. The Government Analyst reported that the sample of the medicine was sub standard, misbranded and adulterated. He report dated July 12, 1976, was produced at the trial and marked at Exhibit PE. A copy of this report had earlier been sent to Ashok Kumar respondent C/O Messrs Oanesh Medical Stores, Samalkha. This firm was asked to disclose the name of the party from whom this drug had been purchased. The firm then sent copies of bills issued by Messers Jai Bhagwan Jain, Panipat, along with a letter Exhibit PG sent by that firm. Based on these facts, a complaint under Sections 27 and 28 of the Act was filed against the four respondents.
(3.) After recording the statement of Chander Parkash Mehta P.W. 1, the learned trial Magistrate framed a charge against the respondents. This witness was summoned for further cross-examination. Thereafter statement of Dr. Dev Raj was also recorded. The said witness fully supported the version disclosed by Chander Parkash Mehta P. W. I. The learned trial Magistrate gave benefit of doubt to respondents No. 3 and 4 on the ground that there was no satisfactory evidence on record to indicate that there respondents had sold the misbranded and sub-standard drug to respondents No. 1 and 2. Respondents No. 1 and 2 were also given the benefit of doubt on the ground that there was no indication on record to show that Ashok Kumar respondent No. 1 had been selling any drugs on the business premises of respondent No. 2. In this connection, the learned trial Magistrate placed reliance upon the statement of Jai Pal Singh D.W. 2, who was running a motor winding shop adjacement to the business premises of Messrs Ganesh Medical Stores, who stated that Ganesh Dass, Proprietor of the aforementioned Stores, had died and Ashok Kumar respondent was a student during the relevant period. During those days, Ganesh Dass remained ill and Ashok Kumar respondent used to come to the shop off and on to enquire about the health of his father.;