( 1 ) SRI Dharam Deo Gupta, the applicant in this case, has been convicted on two charges under the Drugs Act 1940 (Act No. XXIII of 1940 ). He was held to have contravened the provisions of section 18 (a) (i) as well as Section 18 (a) (ii) of the said Act. He was, therefore, convicted under section 27 of the said Act to nine months rigorous imprisonment and a fine of Rs. 500 on both the counts by the trial court. The appellate court upheld his conviction under both the counts, but set aside the sentence of imprisonment under these, two counts. The applicant has now come up in revision before this Court.

( 2 ) THE applicant was the Managing Director of a company Known as "the New International chemicals Ltd. , which had its Depots at Lucknow as well as Barabanki. This company did not manufacture any drug, but it dealt with drugs. In a part of the premises of the said firm at lucknow there was another firm which was known as asha Medical Stores, Lucknow. The proprietor of this firm was Sri P. N. Varma. Sri P. N. Varma had previous dealings with a drug manufacturing firm at Calcutta known as andrews Chemicals (India) Ltd.

( 3 ) THE Government of India invited tenders