The court emphasized the necessity to strictly prove all the ingredients of the offence and highlighted the importance of construing the Act strictly to protect ignorant people from being duped into purchasing medicines based on advertised effects.

N. D. VENKATESH, J.

( 1 ) THE State has preferred this appeal against the judgment of the Additional Metropolitan magistrate, Bangalore City, in C. C. No. 2260 of 1974. The respondent was the accused in that case. He was prosecuted by the Drug Inspector, Bangalore, for offences Under Sections 3 (b) and 3 (a) read with Section 7 (o) of the Drugs and Magic Remedies (Objectionable Advertisements)Act, 154 (hereinafter referred to as the Act) on the allegation that tie had caused publication of an advertisement in respect of certain drugs stating that the same would increase sexual pleasure and cure Tuberculosis.

( 2 ) IN support of its case the prosecution has examined four witnesses including the Drug inspector (P. W. 1 ). The accused denied the accusation made against him. Though he has admitted of the seizure of certain drugs from his hotel room, he denied having got Ex. P-l (a) published in the newspaper.

( 3 ) THE accused hails from a place called Palani in Tamil Nadu. He is a native Vaidya and will be visiting several places in the country. Sometimes he comes and stays in Bangalore also.

( 4 ) THE learned Magistrate, after considering the entire evidence on record, came to the conclusion, that the prosecution had failed to make out the case alleged against the accused and acquitted him.

( 5 ) THE learned State Public Prosecutor took us through the evidence. He places reliance on the advertisement published in the Deccan Herald dated 14-8-1973 (Ex. P-la ). This publication coupled with the seizure of certain drugs from the hotel room of the accused, according to the learned State Public Prosecutor, fully establish the allegations made against the accused,

( 6 ) THE accused was staying in a room in a hotel. The Drug Inspector along with Panchas raided the said premises and seized several wrapped tins and bottles marked as M. Os. 1 to 12. Each of these tins and bottles contained drugs and had been pasted with labels Indicating the name and type of drug it contained. All these 12 items, according to the Drug Inspector, formed part of one set of drugs of the group 'amazatone', which are meant to increase the capacity of human being a for sexual pleasure. Exhibits P-3 and P-4 were also seized from the They contain the literature relating to these drugs. Another set of drugs were also seized as per M. Os. 13 to 17 and the name is said to be a sure cure for Tuberculosis. It is further stated In the evidence of the Drug inspector that the accused had failed to produce, when demanded, his registration certificate and other testimonials.

( 7 ) THE advertisement, Ex. P-l (a) reads as follows:

8th VISIT TO BANGALORE p Palani Slddha h R. M. K. Sivasubramania om o All diseases of any nature and t how-long-standing they may o be ate well attended to with utmost care to restore, regain and to retain Vim, Vigour and Vitality, use our 73 years very popular fully vitaminished special invigorative nervine tonic for all. AMAZATONE WITH TON TON OIL cost per set Rs. 147/- (100 Doses) II Quality, TEMPER HALWA SET FINE 100 Doses per Set Rs. 65/-Medicines are available for all diseases. CONSULT THE SIDDHA hakeem ATi hotel Sujatha. Gandhinagar, Bangalore-9. From 14-8-73 to 20-8-73. Apply for AMAZATONE CATALOGUE In English to: manager, R. M. K. Veluswamy, Siddha Vaidya Sala, Post Box 16, PALANI, Tamil Nadu.

( 8 ) THE question for decision is whether the above advertisement and the subsequent seizure from the accused in the hotel room occupied by him of the medicines with the aforesaid lables on them would amount to an offence Under Sections 3 (b) and 3 (d) read with Section 7 of the Act. This was the accusation the Court below had called upon the accused to answer.

( 9 ) SECTION 3 of the Act reads as follows:

3. Prohibition Of Advertisement Of Certain drugs for treatment of certain diseases and Disorders subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms whic

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