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1958 DIGILAW 311 (MAD)

Chemicals and Pharmaceuticals Enterprises v. State of Madras, by Drugs Inspector

1958-10-30

RAMASWAMI GOUNDER

body1958
Judgment.- The Chemical and Pharmaceuticals Enterprises situated at No. 368/369, Tiruvottiyur High Road, Tondiarpet, Madras-21, were found in possession on 29th November, 1955, of 137 bottles, 1Ib. each, of a drug labelled as medicinal Liquid Paraffin (Paraffinum, Liquidum B.P.) bearing batch No. 1119. They were stocked for sale in the finished products store-room. The Drugs Inspector, Madras City, took a sample of the above drug for analysis and sent it to the Government Analyst, King Institute, Guindy. The Government Analyst, in his certificate of analysis, dated 10th December 1955, was of the opinion that the sample sent to him was not of standard quality as defined in the Drugs Act of 1940 and Rules thereunder for the reason that it did not conform to B.P. specification of carbonisable substances and sulphur compound. It was found from the records maintained by the accused that between 26th October, 1955 and 12th November, 1955, of a total of 928, 1Ib. bottles of the said drug, bearing batch No. 1119, about 791 bottles were sold to various dealers between 26th October, 1955 and 29th November, 1955. Therefore, prosecution was launched by the Drugs Inspector against the firm as accused 1, the Managing Partner as accused 2 and the Working Partner as accused 3. The charge against the accused was that they contravened the provisions of section 18 (a) (1) of the Drugs Act, having manufactured for sale and stored the above bottles and sold them as medicinal Liquid Paraffin (Paraffinum Liquidum, B. P.) which was not of standard quality, constituting an offence punishable under section 27 of the Drugs Act, 1940. The accused on these undisputed facts have been convicted as charged and fined. This revision was filed before the entire matter was dealt with by me in I.P.C. Laboratory v. The Drugs Inspector1. Therefore, the learned advocate Mr. Nagarajan, having regard to this decision, did not press the several points regarding mens rea which otherwise he would have done; The learned counsel addressed himself to the fact that the tests which the accused applied showed that the stock prepared by them was of the standard quality. But unfortunately for the accused persons the standard tests applied by the Government Analyst showed that the medicinal preparation has not conformed to the B. P. specifications of carbonisable substances and sulphur compound. But unfortunately for the accused persons the standard tests applied by the Government Analyst showed that the medicinal preparation has not conformed to the B. P. specifications of carbonisable substances and sulphur compound. The learned Public Prosecutor draws my attention to the observation in the Dispensatory of United States of America, 1950 Edition, by Osol-Farrar, at page 861, to the effect that from a study upon rats and mice it has been concluded that while the crude lubricating oils exert a positive effect in causing cancers, there was no such danger from the purified medicinal petrolatums. In other words, we cannot estimate the evil consequences which might have been caused by the sale of this sub-standard liquid paraffin. Therefore, I confirm the convictions which are irreproachable. In regard to the sentences also, I find that they are appropriate in the circumstances of this case and though in other circumstances I would consider them too lenient. This is an enterprise started by two young men. Their endeavours to prepare drugs in this country deserve all encouragement. But in their enterprise they must not be too enterprising but fairly conservative and conform probably to the too rigid B. P. standards in the interests of the public. The Drugs Inspector also stated that they have a good record, and there has been no case against them for preparation of spurious medicines. Therefore, I do not interfere with the sentences of fine imposed by the lower Court. This Revision is dismissed. V.S. ------- Revision dismissed.