S. S. Dewan, J. - (1.) The State has filed this appeal against the judge merit of acquittal dated 13-8-1976 passed by the Chief Judicial Magistrate, Ludhiana in Criminal File No. 167/3 of 1975 acquitting the respondent of the offence punishable under 27(b) of the Drugs and Cosmetics Act, 1940 (hereinafter called the Act).
(2.) PW 1 M.L. Gupta, Drugs Inspector visited the shop of the respondent on 3-9-1974. On inspection of the shop he found the respondent stocking 317 ampules of morphine sulphate injections manufactured by M/s. Bharat Chemical Manufacturing Works, Kapurthala. He took out 80 am pies from one box of 10 ampules of morphine sulphate. He took samples in four portions of 20 ampules each and thereafter sealed and labelled them in the presence of the respondent and Subhash Schgal (PW 2). One portion of the sample was sent to the Government Analyst who on examining it sent his report Ex. P. H. On perusing the report it was found that the drug sample was misbranded and, therefore, the respondent had committed an offence punishable under Sec. 27(b) of the Act. The case was filed against the respondent.
(3.) Simple denial is the only defence of the respondent. Various technical contentions as against the applicability of Sec. 23(3), (4) of the Act and the admissibility of the report of the Government Analyst under the provisions of the Act were, however, raised.;