LENTIN J.-The State of Maharashtra has preferred this appeal for enhancement of the sentence passed by the learned Joint Civil Judge and J. M. F. C., Gondia sentencing the respondent to pay a fine of Rs. 300 in default to suffer rigorous imprisonment for one month after convicting him under section 258 (2), Criminal Procedure Code of offences punishable under section 27 (b) read with sections 18 (a) (i) and 18 (a) (ii) of the Drugs and Cosmetics Act, 1940.

2. The respondent is the Proprietor of a shop known as "Jawahar Medical Stores" at Salekasa, a village in Tahsil Gondia. On 18th November, 1970, on an inspection of the respondent's shop, the Drugs Inspector found a stock of 4 dozen bottles of a drug labelled simply, "Santonine (India)", with no other information, to wit, the name of the manufacturer, batch number and so forth. Thereupon the sale of the drug was prohibited and on 21st April 1971 samples were taken. The Public Analyst made his report stating that the sample was not of standard quality, that it was not even Santonine and that the test showed presence of magnesium and sulphate. A report was lodged with the police by the Drugs Inspector. The stock of Santoni