J.G. Chitre, J.

The petitioners are hereby assailing the correctness, propriety and legality of the order which has been passed by CJM, Dhar in the matter of Cr. Case No. 524/85 whereby he has convicted the petitioners for an offence punishable u/s 18(a)(i) read with Section 27(d) of the Cosmetics and Drugs Act, 1940 (hereinafter referred to as Act for convenience) which has been confirmed by the Sessions Judge Dhar in the matter of criminal appeal No. 229/1997.

The facts which need to be narrated for the purpose of unfolding the matter are as mentioned hereunder:

On 26-6-1984 Drug Inspector Shri Deo Kumar Barjatya visited the shop styled as M/s Ajay Khatri Medical Hall, Dhar, and purchased capsules of Vitriplex-C-Forte, batch No. 127, manufactured in the month of April 1984 and having the expiry date as October 1985 for analysis as he suspected that it was a drug below the standard prescribed under the provisions of the Act and the rules made thereunder. Those capsules were collected by the Drug Inspector in 4 parts in accordance with the rules framed under the provisions of the Act in presence of Panch witnesses and those samples were despatched by him to government analyst, Bh