( 1 ) IN this appeal under Sec. 397 of the Code of the Criminal procedure, 1973 (code for short), the appellant-State has challenged the quantum of punishment in impugned order of sentence passed by the learned Metropolitan magistrate, Ahmedabad City, in Criminal Case No. 274 of 1986, on 10th October 1986.

( 2 ) THE respondents are the original accused. Respondent No. 1 is the proprietory firm and respondent No. 2 is a proprietor who is doing business in the name and style of m/s. Bombay Novelty, at Ahmedabad. The respondents were tried in the trial Court in the aforesaid criminal case for the offence punishable under Secs. 18 (1) (i) and 18 (c) of the Drugs and Cosmetics Act, 1940 (act for short ). Both the accused persons had pleaded guilty to the charges before the trial Court and they came to be convicted for the said offences. Therefore, both the accused are ordered to pay a fine of Rs. 250. 00 and in default of payment of fine, to undergo simple imprisonment for one month. The State of Gujarat being dissatisfied by the quantum of sentence awarded to the accused has filed this appeal for enhancement of sentence. The original complainant - Drug Inspector raided t