G.N.Prasad, J.

1. This is an appeal by the State Government against the acquittal of the two respondents after trial on charges under Clauses (a) and (b) of Sec.27 of the Drugs Act (23 of 1940) for stocking and exhibiting for sale certain misbranded drugs in contravention of Sec.18 (a) (ii) of the Act and for doing so without license in contravention of Sec.18 (c) of the Act read with Rules 59 (2) and 61 (i) of the Drugs Rules. The offences are said to have been committed on the 27th October 1961 at a Kirana shop of the respondents situated in mahalla Baribazar of Hazaribagh town.

2. The prosecution case is that on the aforesaid date Shyam Sunder Prasad (P. W. 3), the Inspector of Drugs, visited the shop of the respondents and found Anocin, Anacin, Bedna Santi Ras and Raj Bedna Santi Ras being exhibited there for sale. He also found a photograph of Ram and Sita with the cartoon of Amogin exhibited in the shop. He seized the aforesaid articles along with a cash memo of a firm known as Jai Janta and Company with head office at Patna. The seizure was made in the presence of some witnesses, one of whom was Ajit Kumar Sarkar (P.W. 1) and the seizure list (Ext. 3) was prepared in