PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who is practising in Electro- Homeopathy System of Medicines, has filed this petition for quashing FIR No. 89 dated 7.8.1999 registered against him at Police Station Balachaur under Section 15 of the Indian Medical Council Act, 1956 and Section 26 of the Drugs and Cosmetic Act.

(2.) THE aforesaid FIR was registered against 59 persons, including the petitioner, on the basis of a letter written by Civil Surgeon, Nawanshahr, alleging that in view of the circular dated 29.7.1999, issued by the Government, on the basis of the directions given by this Court on 13.10.1995 in Civil Writ Petition No. 1656 of 1997, a checking of unregistered Medical Practitioners was made in the District and it was found that 59 persons were doing medical practice in allopathy without any recognised medical qualification and without getting them registered.

(3.) COUNSEL for the petitioner submits that in Civil Writ Petition No. 16791 of 2000, titled as Electro-Homeopathic Doctors' Association, Punjab v. State of Punjab and others, decided on March 04, 2002, it was held by a Division Bench of this Court that the circular issued by the Punjab Government in view of the directions given by this Court in Civil Writ Petition No. 1696 of 1997 was not pertaining to the persons practising in Electro-Homeopathy System of Medicines. That circular was issued only to restrain unregistered practitioners from practising modern system of medicines, who deal in allopathic medicines. The Division Bench of this Court in this regard observed as under :-