( 1 ) THIS revisional application preferred by the petitioner under section 482 of the Code of Criminal Procedure (in short Code) is for quashing the criminal proceeding being G. R. Case No. 370/04 arising out of Mahisadal P. S. Case No. 76 dated 9. 7. 04 under sections 274 and 275 of the Indian Penal Code (in short ipo and under section 27 of the Drugs and Cosmetics Act (in short Act), 1940 now pending in the Court of the learned Sub-Divisional Judicial Magistrate (in short SDJM), Haldia.

( 2 ) THE prosecution case was started on the basis of First Information Report (FIR) lodged by Srikanta Maity at the Mahisadal P. S. on 9. 7. 04 at 8. 05 p. m. It was alleged in the FIR that on 6. 7. 04 the informant purchased one phial/bottle of syrup named 'bexitone' from Samanta Medical, a medicine shop owned by the petitioner at Mahisadal. After reaching house the informant opened the packet of the said syrup and found inside the bottle/phial a dead frog was floating. He showed the bottle containing the floating dead frog to local people, and thereafter, without breaking the seal and opening the bottle he came to the police station and lodged FIR against this petitioner and