CO129-575-3 Japanese affairs 2-1-1939 - 21-12-1939 — Page 176

207

No.8.

(1)

The defendant Kenzi Kitabatake;

Notwithstanding the fact that he was not a

pharmacist and not qualified to sell "specified" drugs to

persons other than pharmacists, apothecaries, and drug manufacturers, sold one tin (containing 700 grammes) of

"specified" drugs of diacetyle morphine hydrochloride to

Takumi Suzuki at the residence of the defendant at 9-chome,

Tanimachi, Higashiku, Osaka about October 23rd, 1937, and

95 tins (each containing 700 grammes), and 529 bottles

(each containing 5 grammes) of "specified" drugs of diacetyle

morphone hydrochloride, 7 tins (each containing 700 grammes)

and 10 bottles (each containing 5 grammes) of cocaine

hydrochloride, and 3 tins (each containing 450 grammes) of

morphine hydrochloride to Shinichi Masuda, Heiki Hitomi,

Minezo Yajima, and Yuichiro Matsuoka at their residences on

over 20 occasions during the period from about December 3rd,

1937, to December 28th, 1937.

(2) In selling anaesthetics to Shinichi Masuda knew

that he would resell it, and that the person who bought it

would export it to China without obtaining a permit from the

Home Minister, and sold 5 tins (each containing 700 grammes)

of anaesthetic diacetyle morphine hydrochloride to

Shinichi Masuda on December 24th, 1937, at his residence, and At the same person resold it to the aforementioned Shokichi

Kurusu on the same day, and Shokichi Kurusu smuggled it to

Shanghai about January 3rd, 1938, as is stated in No.6.

Thus the defendant assisted and facilitated the commission of

the offence of smuggling by Shokichi Kurusu.

(3) He had been an apothecary and a dealer in drugs

until December 28th, 1937, but - - -

(A)

Notwithstanding the fact that he had sold and

disbursed /