RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Raj Kumar has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of FIR No. 196 dated 23.7.2005, under Section 188 IPC, registered at Police Station City Phagwara.

(2.) THE above said FIR was registered against the petitioner at the instance of ASI Karamjit Singh on the allegation that the petitioner was selling intoxicating tablets and capsules without prescription from qualified doctor to the young men in violation of an order issued by the District Magistrate, Kapurthala under Section 144 of the Code. Thus, it was alleged that the petitioner has committed the offence under Section 188 IPC.

(3.) IN the FIR, it was alleged that on 23.7.2005, the petitioner, who was running a chemist shop, had sold 20 capsules of Spamo Proxy Won and 10 capsules of Prozine Spam to a young man without Doctor's prescription and as per the order dated 18.9.2003, issued by the District Magistrate, Kapurthala, these capsules could not have been sold without Doctor's prescription to any body.