G. B. PATTANAIK, J. ( 1 ) THIS is an application directed against the order of the learned Magistrate D/- 10-5-1984 framing charge against the petitioner under S. 7 of the Essential Commodities Act for violation of Cl. 21 of the Drugs (Prices Control) Order, 1979. ( 2 ) THE allegation is that the petitioner had sold a physician's sample of Livergen Syrup. Originally the petitioner had been charged for violation of the provisions of R. 65 (17) and (18) of the Drugs and Cosmetics Rules, 1945, but as the said charge was not sustainable, the prosecution made a prayer to amend the charge. Before the Magistrate, it was contended on behalf of the accused that there has been no violation of Cl. 21 of the Drugs (Prices Control) Order, 1979. The same having been rejected and the charge having been framed, the petitioner has come up with this application. ( 3 ) MR. Mund appearing for the petitioner contends that Cl. 21 of the Drugs (Prices Control) Order, 1979, prohibits the sale of any formulation specified in any of the categories in the Third Sch. at a price exceeding the price specified in the current price list or the price indicated on the label of the container or pack thereof. Though the prosecution has been able prima facie to establish that the price at which the medicine in question was sold is higher than the price indicated in the lable, the prosecution has utterly failed even prima facie to establish that the formulation is one specified in any of the categories in the Third Sch. The Third Sch. contains three categories of formulations, namely, Category-I consisting of 15 items, Category-II consisting of 20 items and Category-III consisting of 38 items. "formulation" has been defined in Cl. 2 (f) to mean". . . . . A medicine processed out of, or containing one or more bulk drugs or drug, with or without the use of any pharmaceutical aids for internal or external use for, or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals, but shall not include: - (i) any bona fide Ayurvedic (including Sidha) or Unani (Tibb) systems of medicine: (ii) any medicine included in the Homoeopathic system of medicine: (iii) any substance to which the provisions of the Drugs and Cosmetics Act, 1940 (23 of 1940) do not apply. ""bulk drug" has been defined in Cl. 2 (a) to mean,". . . . . ANY substance including pharmaceutical, chemical, biological or plant product or medicinal gas conforming to pharmacopoeial or other standards accepted under the Drugs and Cosmetics Act, 1940 (23 of 1940), which is used as such, or as an ingredient in any formulations. "the learned Magistrate looking at the label has come to a finding that the formulation in question is made out of bulk drugs like plant products, chemical products. But even if it is so as found by the learned Magistrate, unless the drug in question conforms to any of the formulations indicated in any of the categories mentioned in the Third Sch. the provisions of Cl. 21 will not be attracted. Since there is no prima facie material before the Magistrate to indicate that the formulation in question belongs to any of the categories specified in the Third Sch. the petitioner cannot be charged for violation of Cl. 21 of the Drugs (Prices Control) Order, 1979. Accordingly, I find ample force in the contention of the learned counsel for the petitioner. I, therefore, quash the order D/- 10-5-1984 framing charge against the petitione. This Criminal Miscellaneous Case is accordingly allowed. Order accordingly.