JUDGMENT - J.N. PATEL, J.:---Heard Mr. Kulkarni learned Counsel for the applicant and Mr. Yengal, A.P.P. for State.

2. Applicant is prosecuted for having committed offences under section 18(a)(i) read with sections 17, 17-A and 17-B of the Drugs Cosmetics Act, 1940, punishable under section 27 of the said Act. The Drug Inspector Mr. V.K. Biyani visited the establishment M/s. Shah Hiralal Tejulal Medical Stores, at Post: Balapur, District: Akola, on 3-5-1991 and has taken sample of Ampicillin and Cloxacillin for oral suspension 2-PEN, out of Batch No. 0056, manufacturing date 10/90, expiry date 2/92 of which M/s. Plenthico Pharmaceuticals, A.B. Road, Manglia (M.P.) are the manufacturers. On 4-5-1991 the said drug samples were sent to Government Analyst, Maharashtra State, Mumbai for necessary analysis. The Government Analyst submitted his report in form No. 13 vide No. M-2321 of 1991 dated 17-7-1991 and declared that the sample 2-PEN, Batch No. 0056 to be not of standard quality for the reason that the content of Cloxacillin in the sample is less than the labelled amount (42.61%). The said test report was then forwarded to the partner of the firm Mr. Jayeshkumar Shah, who disclose

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