1. Heard Mr. Lawande, learned Additional Public Prosecutor (A.P.P., for short), appearing on behalf of the appellant and Mr. Mulgaonkar, learned Counsel appearing on behalf of the respondents.

2. This appeal is preferred by the State against the judgment and order dated 28/10/2010 passed by the Judicial Magistrate, First Class, Mapusa ('Trial Magistrate') in Criminal Case No.91/S/2007/B thereby acquitting the respondents (accused persons) of the offence punishable under Section 27(b)(ii) read with Section 18(c) of the Drugs and Cosmetics Act, 1940 ('the Act' for short).

3. The Drugs Inspector, Panaji, Mrs. Medha Dessai had filed a private complaint against both the accused persons for contravention of Section 18(c) punishable under Section 27(b)(ii) of the Act. The case of the complainant was as follows:-

The accused no.1 was running the Shop No.4 situated in Calangute Residency at Calangute and accused no.2 was the lessee of the said shop taken from Goa Tourism and Development Corporation. On receipt of information that illegal sale of Ketamine Hydrochloride Injections has been going on at the Calangute Beach area, the complainant along with Drugs Inspector Mrs. Jyoti Sarde