(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 111 dated 08.10.2009 registered at Police Station, Talwandi Sabo, District Bathinda under Section 420 of IPC and Section 15 of the Indian Medical Council Act, 1956 (Annexure P2) and all other consequential proceedings arising out of the same.
(2.) Facts, in brief, are that the petitioner was the sole proprietor of M/s. Garg Medical Hall, Village Jodhpur Pakhar, Tehsil Talwandi Sabo, District Bathinda and was running a Chemist shop. The petitioner was having a valid license issued by a competent authority under the Drugs and Cosmetics Act, 1945 and the Rules framed thereunder. Under the Drugs and Cosmetics Rules, 1945, two licenses were issued to the petitioner i.e. Form No. 20 and the other under Form No. 21. Form No. 20 relates to the license to sell, stock or exhibit or offer for sale or distribute by retail any drugs other than those specified in Schedule C and C (I) and X and Form No. 21 relates to the license to sell, stock or exhibit (or offer) for sale, or distribute by retail, drugs specified in Scheduled C and C (I) excluding those specified in Schedule X to the Drugs and Cosmetics Rules, 1945. It is pertinent to mention here that the above mentioned licenses were issued to the petitioner firm on 20.04.2000 and thereafter the same were renewed from time to time by the competent authority. On the basis of a secret information, the said FIR was registered against the present petitioner.
(3.) It was contended by the learned counsel for the petitioner that from the version of the FIR, no offence under Section 420 is made out against the petitioner, particularly, when the petitioner is having a valid drug licence so as to entitle him to stock, offer or sale the drugs/medicines mentioned in various schedules of the Drugs and Cosmetics Rules, 1945 except those mentioned in Schedule X of the said Rules.