Judgement

SARKAR, J. : The appellant was convicted by a learned Magistrate under S. 18 (a)(ii) read with S. 27 of the Drugs Act, 1940 for having manufactured for sale and also exhibited for sale a drug known as OKSAL which did not contain the ingredients in the proportion mentioned in the label pasted on the contained of the drug. The Magistrate sentenced him to pay a fine of Rs. 125 and in default of payment of the fine, to rigorous imprisonment for one month. On appeal by the appellant to the Sessions Judge, that conviction was set aside and the appellant was acquitted. On appeal by the State to the High Court of Madras, the judgment of the learned Sessions Judge was set aside and the conviction and sentence passed by the learned Magistrate were restored. Hence the present appeal by special leave.

2. The prosecution produced in evidence of the charge that the drug was misbranded within the meaning of S. 18 (a) (ii), that is, its label bore a statement which was false as being in variance with the components of the drug a certificate to that effect given by the Government Analyst. The label stated that the drug contained Benozoic acid, Salicylic acid, Zinc Oxide and Boric acid in th