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1985 Supreme(Del) 324

MALIK SHARIEF-UD-DIN, RAJINDAR SACHAR
DELHI ADMINISTRATION,DELHI – Appellant
Versus
PURAN LAL AHUJA – Respondent


Advocates Appeared:
D.C.MATHUR, P.K.JAIN, P.K.Mathur

Rajinder Sachar C. J.

( 1 ) THIS is an appeal against the order of the learned Magistrate acquitting the respondent accused. The prosecution case was that on February 22, 1969 the shop of M/s Light and Sound Corner at Stall No. 10, Bhagirath Palace, Delhi was inspected and certain, drugs were recovered. On disclosure by the respondent, P. L. Ahuja, that he had kept certain goods at Godown No. 4981, he was taken there and on his pointing out the godown it was opened with a key he produced. On search of the godown a number of drugs along with other articles like implements, labels and packing materials were found there and nine samples out of the drugs namely, Chloramphenicol capsules, Acistrap capsules Tetracycline capsules. Injections Pethidine Hydrochloride I. P. , Neurobion Merck ampoules. Injections Morphia, Sulphadiazine tablets and Bismuth Carbonate (which are well known names of medicines) were taken. The said samples were sent for analysis. The report was that the samples were declared as of not standard quality. They were misbranded and were thus adulterated. The respondent was sent up for trial under section 27 read with section 18 of the Drugs and Cosmetics Act, 1940. The








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