The appellant Kan, warlal was convicted under Para 15 of the Drugs (Prices Control) Order, 1970 read with Section 7(1)(a)(ii) of the Essential Commodities Act, and sentenced to imprisonment till the rising of court and to pay a fine of Rs. 500/- by the Second Presidency Magistrate, Madras.

2. The prosecution case is this : P.W. 1. Rajagopal, the Drugs Inspector visited M/s. Gawarlal & Co., at No. 3, Raghunayakalu Street, Madras of which the appellant was the proprietor on 29-4-1972. M/s. Gawarlal & Co., was dealing in drugs. P.W. 1, during his inspection, noticed from the sale register that the appellant had sold B.P. Batch No. NR 37 at a higher price than the maximum retail price fixed by the manufacturer as per the provisions of Drugs (Prices Control) Order. P.W. 1 issued a show cause notice to the appellant under the original of Ex. P-l on 14-7-1972. The appellant sent a reply Ex. P-2 on 24/7/1972 stating that the manufacturer had not mentioned the retail price on the labels affixed to the Glycerine bottles, that they did not know what the retail price was and that, therefore, they sold the Glycerine at the price noted in the sale register which was verified by P.W. 1