( 1 ) THIS is an appeal by the state against the judgment of the learned fourth City Magistrate, Hyderabad acquitting the four respondents of offences under the Drugs and Cosmetics Act. The prosecution case was that on 9th october, 1968, P. W. 1 and P. W. 2 two drugs Inspectors went to Adarsh Medical hall for a routine inspection. The four respondents who were partners were proprietors of the medical shop. A-2 alone was present. In the course of the inspection they found that there was a large quantity of drugs in an attic bearing the labels "medical Stores GMH and medical Stores OGH . gmh meant gandhi Medical Hospital and ogh meant Osmania General Hospital. There were also several drugs with the labels physician s Sample not for sale p. W. 1 then telephoned to the office of the Director of Medical Services for assistance. Panchas were also gathered. Appa Rao and Gopalakrishna Murthy, two. senior Drugs Inspectors came to the shop. They brought with them P. W. 3 a sub-Inspector of Crime Branch of the g. I D. In their presence several drugs bearing marks Medical Stores GMH , medical Stores OGH , esi, Government of Maharashtra and Physician s sample not for sale were s

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