IMPORTANT POINT
Statements made to Drug Inspectors are admissible in evidence, and concurrent findings of fact by lower courts are upheld unless proven erroneous.

ORDER :

V Srinivas, J.

Assailing the judgment dated 25.08.2011 in Crl.A.No.209 of 2009 on the file of the Court of learned II Additional Sessions Judge, West Godavari at Eluru, confirming the conviction and sentence passed against the petitioner/accused No.4 by the judgment dated 08.10.2009 in C.C.No.170 of 1997 on the file of the Court of learned II Additional Judicial Magistrate of First Class at Eluru, for the offence under section 18(a)(i) r/w.17B(d) punishable under Section 27(c) and section 18(a)(i) r/w.17(b) punishable under Section 27(d) of Drugs and Cosmetics Act (hereinafter referred to as “the Act”), the petitioner/accused No.4 filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.

2. The revision case was admitted on 26.08.2011 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.2587 of 2011.

3. The shorn of necessary facts are that:

i). In the month of March 1996, Accused Nos.1 to 3, who were working at Eluru as medical representatives of M/s.Oscar Pharmaceutical, M/s.Karnataka Anti Biotechs and M/s.Pharmad Limited respectively along with petitioner/accused No.4 conspired together to gain illegally by marketing spurious ‘Gramogyl’ suspension, which is in great demand and contacted accused Nos.5 and 6, who are licensed manufacturer and at the instance of petitioner, accused Nos.1 to 3 entered into an agreement with them to manufacture 30 ml. liquid suspension bottles similar to Gramogyl of M/s.Oscar Pharmaceuticals Private Limited without any labels and details of manufacture on their bottles.

ii). Then accused Nos.5 and 6 manufactured the said drug and used to transport the same to the petitioner/accused No.4 through Navatha Transport from Madras to Eluru and kept the same at the house of accused No.3 and affix the printed labels imitating original Gramogyl drug, which is an oral suspension patented and manufactured by M/s.Oscar Pharmaceuticals Private Limited, New Delhi, containing the ingredients of Nalidixic Acid and Metronidazole Benzoate. This drug is used for the treatment of Diarrhea in children.

iii). On 07.05.1996, on information, P.W.1-Drug Inspector, Eluru conducted raid in the house of accused No.1 and found 118 bottles of spurious Gramogyl, one box containing 110 X 30 ml of spurious Gramogyl and another box containing 285 X 30 ml Roscilox which is an expired drug and also found SRMT consignee L.R.No.1257712, dated 06.05.1996 in the name of accused No.1. Then, the complainant lifted the samples under the cover of Ex.P.6 panchanama. Accused Nos.1 to 3 have jointly purchased the oral suspension bottles without any labels from accused Nos.4 to 6 and affixed the labels of Gramogyla suspension. Accused No.4 being a licensed wholesale dealer purchased the medicines without any label, which is spurious and misbranded drug.

4. The compliant was taken on file and numbered as C.C.No.170 of 1997 on the file of the Court of learned II Additional Judicial Magistrate of First Class at Eluru, after fullfledged Trial, vide judgment dated 08.10.2009, found the accused No.4 guilty of the charges under Section 18(a)(i) r/w.17B(d) punishable under Section 27(c) and section 18(a)(i) r/w.17(b) punishable under Section 27(d) of the Act, sentenced him to undergo simple imprisonment of two (2) years and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment of two (2) months, also sentenced him to undergo simple imprisonment of one year and to pay fine of Rs.3,000/-, in default to suffer simple imprisonment of one month, for the respective offences. Both the sentences imposed against the accused No.4 shall run concurrently.

5. Aggrieved by the same, the petitioner/accused No.4 preferred an appeal, vide Crl.A.No.209 of 2009, before the Court of learned II Additional Sessions Judge, West Godavari at Eluru and the same was dismissed, vide judgment dated 25.08.2011, confirming the conviction and sentence passed by the tr