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1976 Supreme(Guj) 73

M.P.THAKKAR
STATE OF GUJARAT – Appellant
Versus
VINAY VITHALDAS SHAH – Respondent


Advocates Appeared: DAULAT C.TRIVEDI, J.M.PANCHAL, RAJNI H.MEHTA

M. P. THAKKAR, J.

( 1 ) BREATHES there a man who would not become a cynic on being apprised of the sentence imposed in the two allied case giving rise to the twin appeals preferred by the State for enhancement of the sentence of one days (heavens be praised that a Court cannot impose substantive sentence of less then a day) S. I. for selling innocuous salts under the label of Tetracycline ? One must possess nerves of steel not to become a cynic when virtually a licence to kill is issued on payment of a paltry fine for one way of killing is to create an illusion that the disease is being curbed and cured by annihilating the becteria when the becteria are allowed to become more and more vigorous without slightest resistance. What else will happen when innocuous salts are administered instead of anit-biotics? And what follows will prove the oft quoted cliche : truth is stranger than fiction.

( 2 ) A Science Graduate who was employed as a qualified person within the meaning of Rule 65 of the Drugs and Cosmetics Rules 1945 (Rules) sold and distributed 4300 capsules purporting to be Tetracycline capsules on his own to a firm of Chemists and Druggists at Ahmedabad and was trapped in view o








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