ORDER:

This Criminal Revision Case, under Sections 397 & 401 of Cr.P.C., is filed by the petitioners, challenging the judgment, 19.03.2009, passed in Criminal Appeal No.14 of 2008 by the III Additional District & Sessions Judge (Fast Track Court), at Medak.

2. Initially, the trial Court, vide judgment, dated 26.09.2007, passed in C.C.No.228 of 2005 acquitted the petitioners/accused Nos.1 and 2 for the offences under Section 7 (1) (a)(ii) of the Essential Commodities Act, 1955 for Violation Para 14(1) and 14(2) of the Drug Price Control Order, 1995 (hereinafter, for short, referred to as ‘DPCO’) read with Section 8 of the Essential Commodities Act, 1955. Assailing the said acquittal, the Respondent-State preferred appeal before the appellate Court. On appreciation of the entire evidence on record, vide impugned judgment dated 19.03.2009, the appellate Court set aside the judgment in C.C.No.228 of 2005 on the file of Judicial First Class Magistrate, Medak acquitting the accused for the offence under Section 7(1)(a)(ii) of the Essential Commodities Act for the violation of Para 14 (1), 14 (2) of DPCO read with Section 8 (3) of the Essential Commodities Act, 1955 and sentenced the petitioner No.1 / Accused No.1 to undergo simple imprisonment for three months and to pay fine of Rs.5,000/- in default, to undergo simple imprisonment for 15 days for the offence under Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955 and sentenced the petitioner No.2 / Respondent No.2 to pay fine of Rs.5,000/- for the offence under Section 7 (1) (a)(ii) of the Essential Commodities Act, 1955. Aggrieved thereby, the petitioners preferred the present Criminal Revision Case.

2. Heard Sri P.Srihari Nath, learned counsel for the petitioners/accused Nos.1 and 2 and the learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3. The facts of the case, in brief, are that the Complainant-Drug Inspector (PW1) inspected M/s. Sri Sai Krishna Medical and General Store, Chegunta, Medak District on 09.01.2003 and found the price of a drug-Domocid Tablet manufactured by M/s. Heritage Pharma was printed at Rs.24.50 paisa per 10 tablets on the label whereas the MRP was Rs.6.02 ps for 10 tablets. The complainant averred that the Government fixed the ceiling price of the said drug at Rs.6.02 per 10 tablets whereas the manufacturer printed the retail price at Rs.24.50 ps per 10 tables. The complainant issued noticed to petitioner No.2/Accused No.2 for furnishing the details. Accordingly, the petitioner No.2/Accused No.2 gave reply and supplied the documents as required by Drug Inspector which clearly show that petitioners/Accused Nos.1 and 2 violated the para 14 (1) and 14 (2) of the DPCO 1995 read with Section 8 of the Essential Commodities Act, 1955, thereby they are liable for punishment under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

4. The trial Court, after analyzing the entire material on record, acquitted the petitioner Nos.1 and 2 herein/A1 and A2 for the offence under Section 7(1)(a)(ii) of the Essential Commodities Act for the violation of Para 14 (1), 14 (2) of DPCO read with Section 8 (3) of the Essential Commodities Act, 1955. Aggrieved by the same, the Respondent /complainant preferred Criminal Appeal No.14 of 2008 before the appellate Court and the appellate Court, after re-appreciating the entire evidence on record, convicted the petitioners/ Accused Nos.1 and 2 as stated supra.

5. The petitioner Nos.1 and 2herein/A1 and A2 were convicted for the offence under Section 7(1)(a)(ii) of the Essential Commodities Act for the violation of Para 14 (1), 14 (2) of DPCO read with Section 8 (3) of the Essential Commodities Act, 1955. The date of commission of the alleged offence was on 09.01.2003.

To substantiate the subject incident, the prosecution got examined PWs.1 and 2 and got marked Ex.P1 to P11 and M.O.1 before the trial Court. That in the complaint as well as in the evidence PW-1 clearly mention