JUDGMENT

Dalveer Bhandari, J. —

1.These appeals have been preferred by the appellants against the judgment and order dated 7.6.2002 passed by the High Court of Judicature at adras in Criminal Appeal No.149 of 1996 and Criminal R.C. No. 155 of 1996, whereby the High Court has confirmed the order of conviction and sentence of the appellants passed by the Trial Court.

2.We have heard the learned counsel for the parties.

3.We propose to dispose of both these appeals by this Judgment.

4.Brief facts which are necessary to dispose of these appeals are recapitulated as under:-

On 29.11.1985, the then Drugs Inspector, Park Town, II Range, Office of the Assistant State Drugs Controller Zone-1, inspected the premises of M/s. Sri Mahaveer Pharma Agencies (appellant no. 1 in Crl. A. No. 1034 of 2002) and found 68 bottles containing 100 Tablets each of Haloperidol, 5 Mg. Tablets, B.P. Lot 060, which was manufactured in March 1985 by M/s. Searle India Limited (now M/s. RPG Life Sciences Ltd.). He also found that the bottles do not contain the labels indicating the maximum retail price of the Drug as contemplated under the Drugs (Prices Control) Order, 1979 (hereinafter referred to as ‘DPCO 1979’). The said bottles were frozen on 29.11.1985 and at the same time, he also found that there were no purchase details for the purchase of the said bottles. Acknowledging the same, Padamchand Chordia, partner of the firm M/s. Sri Mahaveer Pharma Agencies, submitted a letter (Ex.P1) stating that the labels do not indicate the maximum retail price and they agreed to furnish the purchase and sale details of Haloperidol 5 Mg. Tablets. On 2.12.1985, the Drugs Inspector drew samples from the bottles under Form No.17, marked as Ex.P.-3 and attested by P.W.3. Based on the above, show cause notices were sent to the respective firms and on the eplies from the accused and the reports from the analyst, a complaint was filed by the Drugs Inspector against seven accused persons.

5.First accused is M/s. Searle India Limited, Bombay which is the manufacturing firm of the Drug Heloperidol Tablet;

Second accused is Dr. K.K. Maheshwari,Production Manager of M/s. Searle India Limited, Bombay;

Third accused is the firm by name M/s. Sri Mahaveer Pharma Agencies, who had purchased, sold and stocked the drug Haloperidol Tablets manufactured by A- 1 Company;

Fourth accused is the partner by name Padamchand Chordia representing the accused firm M/s. Sri Mahaveer Pharma Agencies; Fifth accused is the firm by name M/s. Sri Mahaveer Pharma Distributors who purchased, sold and stocked Haloperidol Tablet;

Sixth accused is the partner by name Padamchand Chordia of M/s. Mahaveer Pharma Distributors (A-5) who purchased, sold and stocked the drug Haloperidol; and

Seventh accused by name, Raghavan, is the Proprietor of the firm M/s. Sripathy Distributors Madras, who purchased and sold Haloperidol Tablet.

6.The above seven accused were charged for violation of para 20 of the DPCO 1979 punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 955 read with Section 3(2)(c) of the said Act. The Special Judge, Essential Commodities Act, Madras tried the charges and found the accused appellants guilty of the charges and convicted all of them under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 read with Section 3(2)(c) of the said Act and sentenced them as follows:

7.Accused No.1 - M/s. Searle India Limited was directed to pay a fine Rs.10,000/-. Accused No.2 - K.K. Maheshwari was sentenced to undergo rigorous imprisonment for three months. Accused No.3 was directed to pay fine of Rs.5,000/-. Accused No. 4 was sentenced to rigorous imprisonment for three months and to pay a fine of Rs.3,000/-. Accused No.5 was directed to pay a fine of Rs.5,000/-. Accused No.6 was sentenced to rigorous imprisonment for three months and to a fine of Rs.3,000/-. Accused No.7 was sentenced to rigorous imprisonment for three months and to a fine of Rs.5,000/-. In default of payment of fine, they wer