1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.APPA 389.2009. THE STATE OF MAH. THROUGH DRUGS INSPECTOR BHANDARA. VS WAMIK MUSTAFA PROP. OF M/S VULCON PHARMA AND ANOTHER. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. K.S. Joshi, APP for the applicant Coram : A.H. JOSHI, J. Date : 29th March, 2010. 1. This is an appeal by the State. 2. The learned Chief Judicial Magistrate, Bhandara acquitted the accused under Section 27(a)(d) of the Drugs and Cosmetics Act, 1949. 3. The acquittal was ordered on the ground, inter alia, that :- (a) the drugs alleged to be used is adulterated material and is costlier; (b) the invoice of purchase of the bottles and original muddemal were not produced resulting in failure in identifying the confiscated goods. 4. The acquittal is confirmed by the first 2 appellate Court. Total appreciation of the evidence cannot be done against the appellant against acquittal. Moreover, reasons leading to acquittal are sound. 5. It is not a case that the evidence on record is not considered or that the findings are perverse. In this situation, there are no grounds to grant confiscation. 6. Application has no merit. 7. Application and appeal are dismissed. Judge |mule|