Anil K. Sen, J.:- This reference under S.395 (2) of the Cr. P.C., 1973 (hereinafter referred to as the new Code) by the Chief Metropolitan Magistrate, Calcutta raises a question of law on which there has been a sharp difference of opinion between the learned Chief Metropolitan Magistrate and the learned Judge, City Sessions Court at Calcutta, 4th Bench. The question involved is as to whether an offence under S.27 (b) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the said Act) is exclusively triable by the Court of Session or not.

2. The facts leading to the making of the reference may shortly be stated:

On November 12, 1974 the police seized from the possession of Bijoy Kumar Chatterjee and Joydev Chatterjee (2nd party in this letter of reference) a huge quantity of various brands of medicines marked for physician's sample stocked by them for sale in violation of R.65 (18) of the Drugs and Cosmetics Rules, 1945. As a result the police submitted a charge-sheet under S.27 (b) of the said Act and S.120-B of the Indian Penal Code against them. It is not in dispute that such an offence under S.27 (b) of the said Act as it stands amended by the Prevention of Adu