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M.K.MUKHERJEE, S.S.M.QUADRI
State of Haryana – Appellant
Versus
Brij Lal Mittal – Respondent


Judgment

M.K. Mukherjee, J.—Leave granted. Heard the learned counsel for the parties.

2. On August 7, 1990 the District Drugs Inspector, Hisar (Haryana_ visited the premises of M/s. Naresh Medical Agencies, (hereinafter referred to as the ‘firm’), purchased two samples of sodium chloride injections (hereinafter referred to as the ‘drugs’) and sent portions of each of those samples to the Government Analyst for analysis. The Analyst submitted his reports on September 10 and 11, 1990 to the effect that both the samples were not of standard quality and were misbranded and adulterated within the meaning of Sections 17 and 17A of the Drugs and Cosmetics Act, 1940 (‘Act’ for short). The Inspector, on receipt of those reports, delivered copies thereof to the firm on September 17, 1990 along with a letter asking it to disclose the names and addresses and other particulars of the persons from whom the drug had been purchased. In compliance therewith the firm, by its letter dated October 1, 1990, intimated the Ins­pector that M/s. Ajay Medical Agencies, Hisar and National Distributors, Sirsa, were the distribu­tors of the drugs and M/s. Mitson Pharmecutial Pvt. Ltd., Sibian, were the manufa

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