Judgement

GROVER, J. : These are two companion appeals by certificates from the judgment of the High Court of Judicature at Allahabad dismissing two petitions under S. 561-A of the Criminal Procedure Code in which the sole question raised related to the true and correct interpretation of S. 3 (b) (i) of the Drugs Act, 1940, as it stood before the enforcement of the Drugs (Amendment) Act, 1962 (Act XXI of 1962) and the Drugs and Cosmetics (Amendment) Act l964 (Act XIII of 1964).

2. As the point involved is common to both the appeals the facts in Cr. Appeal No. 190 of 1965 may be shortly stated. The first two appellants are the partners and the third appellant is the manager of Bindra s Chemical Corporation which carries on the manufacture of medicine and substances in accordance with the Ayurvedic and Unani Systems of medicine at Delhi, Shahdara. The Inspector of Drugs, Agra Region, filed a complaint dated July 2, 1963 in the court of Magistrate, First Class, at Mathura alleging inter alia that on September 20, 1962 when he was carrying out the inspection of the shop of M/s. Frontier Gupta Medical Stores, Mathura, he came across a preparation called Antiphlogistic Plaster manufactured