1. Petitioner is chemist. A raid was conducted in his business premises. This happened on 7th of May, 1988. Some medicines and drugs which had out lived their efficacy were seized. Later on fine was imposed. Petitioner has deposited the fine. This is by way of composition. It is this composition of fine which is subject matter of challenge in this writ petition.

2. Respondents have filed objections. It is stated that during search and inspection drugs which had out lived their efficacy were found in the shop. These drugs were meant for sale. These drugs were injurious to human life. These were unfit for human consumption. On account of above factors, action was initiated against the petitioner. It is submitted that the petitioner made request for compounding the offence. This was accordingly compounded. In these circumstances it is submitted that action is taken against the petitioner is in accordance with law.

3. Petitioner submits that the Municipal authorities have no powers to take any action in this regard. It is submitted that if some enquiry was to be held then the Controller of Drugs or Food Department should have taken action.

4. It be seen that action can be taken under

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