Sabhahit, J.-This appeal is directed against the judgment and order of acquittal passed on 29th August, 1977, by the II Additional Chief Judicial Magistrate, Mangalore, in C.C. No. 733 of 1975, on his file acquitting the accused-respondent for an offence punishable under section 7(1)(a)(ii) of the Essential Commodities Act, 1955, read with paragraph 15 of the Drugs (Price Control) Order, 1970.

2. The appeal arises this ways. Accused-1 is the firm running under the name and style, M/s. Lobo Medicals, Door No. 102, Ward No. 14, Hampankatta, Mangalore. It trades in drugs holding a valid licence. A-2 is the proprietor of the firm being a qualified person. On 3rd October, 1972 one of the Drug Inspectors, namely S. Shantarama Shetty (P.W. 1), inspected the sales premises of Accused-1-firm and discovered that under cash bill No. 03279, dated 29th September, 1972, the accused sold 6 x 3 M.L. ampoules of Neurobion Merck of batch No. 30271 and 27371 for Rs. 15 plus the taxes and further that he had sold 3 x 20 tablets of Sclerobion under cash bill No. 03325, dated 30th September, 1972 for a sum of Rs. 22.05 plus taxes. On verification from the price-list displayed in the said premises, he fou

Click Here to Read the rest of this document