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1978 Supreme(SC) 389

O.CHHINNAPPA REDDY, P.S.KAILASAM
Ram Shankar Misra – Appellant
Versus
State Of U. P. – Respondent


Judgment

KAILASAM, J.:- This appeal is by certificate granted by the High Court of Judicature at Allahabad against its judgment in Criminal Misc. Application No. 257 of 1971 in Revision No. 1833 of 1969.*

* Reported in 1972 All Cri R 285

2. The facts of the case briefly are that P.W. 1 the inspector of Drugs, Kanpur on 22nd february, 1966 went to the shop of M/s. Misra Brothers in which the appellant was a partner, and purchased four packets of Prednisolone tablets which were stocked there and sent the same to Director, Central Drugs Laboratory, Calcutta for analysis. The report of the Director indicated that the tablets were of sub-standard quality as defined in Drugs Act, 1940. A complaint was lodged by the Drugs Inspector and the appelant was tried for the offence punishable under S. 27 of the Drugs and Cosmetic Act, found guilty and sentenced to undergo R.I.for one month and to pay a fine of Rs. 500. An appeal to Court of Session was rejected and the revision petition to the High Court also met the same fate. Against the order in revision passed by the single Judge of the High Court, the appellant took the matter up to a Bench of the High Court for review of the judgement. The Be







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