S.K.KAPUR, J.

1. By this petition under Articles 226 and 227 of the Constitution the petitioners have asked for the quashing of prosecution pending against them before an Additional Judicial Magistrate 1st Class, Delhi, under section 7 read with section 3 (b) and (d) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The prosecution against the petitioners is for violation of section 3 (b) and (d) of the said Act by alleged publication of two pamphlets, Annexures R. 1 and R. 2 in Hindi and Urdu. According to the respondents those pamphlets suggest or are calculated to lead to the use of the drugs mentioned therein for the maintenance or improvement of the capacity of human beings for sexual pleasure and for the cure, mitigation or treatment of certain diseases, disorders or conditions specified in the Schedule to the said Act. Section 3 of the said Act before amendment by Act No. 42 of 1963 read as under

"3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders. Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which sugges