S. RADHAKRISHNAN, J.:---Heard the learned Counsel; Mr. D.S. Mhaispurkar, the learned A.P.P. for the V.B. Ganatra, the learned Counsel for the respondents.

2.This is a Criminal Revision Application filed by the State of Maharashtra against the judgment and order dated 21st March, 1991, passed by learned Chief Metropolitan Magistrate, 11th Court, Kurla, Bombay in Criminal Case No. 82/S/90 discharging the accused/respondents with regard to the offences punishable under section 18(a)(i) read with sections 16 and 34 and punishable under section 27(d) of the Drugs and Cosmetics Act, 1940.

3.The brief facts of the prosecution are that a Drug Inspector Mr. V.D. Patil, from the office of the Joint Commissioner, Gr. Bombay, Food and Drug Administration M.S. had visited the Centenary Municipal Hospital, Kandivali, Bombay on 29th September, 1987 and that he had drawn a sample of the drug namely Vanmycetin Opticop of Batch No. G.V.A 7011 manufactured by respondent No. 6 M/s F.D.C. Pvt. Ltd. being the original Accused No. 6. It appears that the said M/s F.D.C. Pvt. Ltd. had got the aforesaid Vanmycetin Opticops produced through M/s Gelsules Medicaps Pvt. Ltd. on a loan licence basis. I