Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted under S. 27 (a) (i) of the Drugs and Cosmetics Act, 1940 and sentenced to rigorous imprisonment for one year and a fine of Rs. 200/- as modified by the High Court. The trial court also convicted the appellant under S. 27 (a) (ii) and S. 28 of the Act but no separate sentence was awarded under these counts. The trial court had, in fact, imposed a sentence of imprisonment only till the rising of the Court but the High Court in its revisional jurisdiction enhanced the sentence to one years rigorous imprisonment, and hence this appeal by special leave. According to the prosecution, on 5-5-1970 at about 11.30 a.m. the Complainant Drugs Inspector, Jalgaon received a telephonic message from the Senior Railway Sub-Inspector Bhusawal to the effect that the appellant had been caught at the Bhusawal railway station with 17 plastic containers containing 17,000 white coloured tablets. On receiving this message the complainant went to Bhusawal railway station on the next day and after taking permission from the Magistrate he took the sample of the tablets and sent it to the public analyst and after receiving