JUDGMENT S. Malik, J. - This is an appeal by the State against the judgment dated 5-8-76 acquitting accused Bhola Nath Gupta in a case under section 27 read with section 18 of the Drugs and Cosmetics Act, 1940. 2. Heard learned counsel for the parties. 3. According to the prosecution, P.W. 1 P. Kamal, the then Inspector of Drugs, Allahabad, along with P.W. 2 S.K. Pathak another Drugs Inspector then posted at Meerut raided House No. 92, Shahnoor Aliganj situate in police circle Shahganj in the city of Allahabad on 11-8-71 at about 9.00 A M. in the morning and found accused Qasim, Irshad Ahmad, Samiullah and respondent Bhola Nath Gupta sealing bottles and labelling them as 'Woodwards Celebrated Gripe Water' and 'Nanol Eye Drops'. It is said that respondent Bhola Nath Gupta slipped away and could not be arrested, but the other three accused were arrested on the spot and the drugs which appeared to be misbranded were seized. They were sent to the Public Analyst and the Public Analyst confirmed that they were spurious and misbranded. 4. The other three accused have been convicted and Bhola Nath Gupta has been acquitted. The learned Sessions Judge has pointed out that according to Bhola Nath Gupta who pleaded not guilty, he has been falsely implicated at the instance of P.W. 3 S K. Pathak who in the past had prosecuted Bhola Nath Gupta under the Drugs Act and Bhola Nath Gupta was acquitted. It has not been shown that Bhola Nath Gupta had anything to do with the premises which was raided and from where the recoveries were made. P.W. 1 P. Kamal did not know Bhola Nath Gupta from before and as Bhola Nath Gupta slipped away before he was arrested, it is doubtful if he could see clearly his features. Bhola Nath Gupta was not put up for identification. Moreover, P. Kamal was highly interested witness as he was interested in the success of the complaint filed by him against the accused. Admittedly, there were a number of others in the raiding party. None of them came forward to prove that Bhola Nath Gupta was also there or that it was Bhola Nath Gupta who had escaped. Under the circumstances, it could not be said that the reasons given by the learned Sessions Judge are untenable or illogical. 5. The appeal is dismissed.