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1992 Supreme(Kar) 41

STATE OF KARNATAKA – Appellant
Versus
CHANNAKESHAWA MEDICALS – Respondent


Advocates:
KUMUD C.RAO, T.S.MOHAMAD ALI

D. P. HIREMATH, J.

( 1 ) THE state has come up in appeal challenging the judgment of the court of the jmfc, hassan acquitting the accused of the offences under sections 27 and 18 (a) of the drugs and cosmetics act. The drugs inspector filed a complaint before the trial court for these offences alleging that on 12-1-1981 when he inspected a1the firm he found that the drugs stated in the complaint were stocked and exhibited for sale and out of them we are now concerned only with m. os 2 and 3 which are the two misbrandcd strips. On that day he gave notice to the accused persons not to sell them and on 15-1-1981 he seized the material objects-items 2 and 3 out of the list given in the complaint. They related to hypnotex-5 capsules. The accused No. 1 is a pharmacy doing business in drugs at belur and accused nos. 2 and 3 are partners of the firm and described as 'qualified persons' in the licence. The trial court on the evidence adduced before it came to the conclusion that they were not proved to be misbranded strips. A perusal of m. os 2 and 3, according to the trial court, raises a doubt as to the correctness of the prosecution case, because if a strip of 10 tablets is cut into piec




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