Law:

Section:

Keywords: High Court, Jurisdiction, Grounds, Guilty, Government, Discharge, Consideration, Legal Proceedings, Magistrate, Petitioner, Evidence, Harassment, Notice, Procedure, Representative, Liability, Grievance, Maintain, Petition, Regular Hearing, Proceedings, Violation, Recording, Goods, Presumption, Consent, Public Servant, Without Jurisdiction, Interpretation, Prima Facie, Defence, Director, Remedy, Same Offence, Quashment, Provisions, Trial Court, Order, Vicarious Liability, Maintainability, Examination Result: Petition dismissed JUDGMENT This is an application filed on behalf of one Abdul Hamid under the provisions of section 561-A, Cr. P, C. For quashing a proceeding pending as Revision Application in tire Court of the Additional Sessions Judge, Dadu, which has-been filed challenging the order of discharge passed by the Civil Judge and F. C. M., Dadu, in a case in which Abdul Hameed was prosecuted under section 18 read with section 27 of the Drugs Act, 1940. 2. Briefly stated the facts are that Mr. Ghulam Kadir Memon, Drugs Inspector at Hyderabad raided a shop known as Abbasi Medical Stores at Dadu and seized and secured samples of two drugs namely Iodine and Vinum Ipeeno, these drugs were sent to the Government Analyst and chemical examiner who on examination found the same to be not up to the standard quality. The drugs were manufactured by Commonwealth Chemical Company, and it is admitted case that Abdul Hameed the peti tioner is a partner of that concern. M/s. Abbasi Medical Store of Dadu, produced before the Drugs Inspector a cash memo in respect of some drugs and this cash memo. Which is Exh. 1-A on the record of the trial Court bears a printed warranty purported to have been signed by one Bashir Ahmed Butt, and the said warranty states that the goods sold do not contravene in any way the provisions of section 18 of the Drugs Act, 1940. Since section 19 of the Drugs Act, 1940 lays down that a warranty by a manufacturer is a valid defence in prosecutions under the Drugs Act, the Inspector of Drugs took no further action against any representative of Abbasi Medical Stores, but he filed a complaint under section 18 (a) (i) read with section 27 of…

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