1. This is an appeal filed by the State against acquittal of the respondent who was the accused in a private complaint C. C. No. 232 of 1973, instituted before the Chief Judicial Magistrate, Manjeri, by the Drugs Inspector, Malappuram, alleging commission of offences punishable under S.7 of the Essential Commodities Act, 1955 read with Clause.15 (2) and 17 of the Drugs (Price Control) Order, 1970. The respondent was acquitted under S.247 of the Code of Criminal Procedure, 1898, hereinafter called the Old Code, on the ground that the complainant was absent on July 15,1974, the date on which the case was posted for bearing.

2. The learned State Prosecutor submitted that the order of acquittal is clearly illegal, as S.247 of the Old Code has absolutely no application to the facts of this case which is a warrant case governed by the provisions relating to warrant cases.

3. The Drugs (Price Control) Order, 1970 was said to have been passed in exercise of the powers conferred under S.3 of the Essential Commodities Act, 1955. The accusations against the respondent in the complaint are that, on the various dates mentioned therein, he, the proprietor of Rema Drugs House, Manjeri s