ASHOK KUMAR JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Cr. Misc. Nos. 49228-M, 49232-M and 49234-M all of 2005 and all titled Ashok Kumar Jain v. State of Punjab and others, as common questions of law and facts are involved in these petitions.

(2.) FOR facility the facts are taken from Crl. Misc. 49228-M of 2005 titled Ashok Kumar Jain v. State of Punjab and others. The petitioner has filed this Criminal Misc. under Section 482 of the Code of Criminal Procedure (for short the Code) for quashing of the order bearing Endst. No. 4092-4127/MA-MC-3 dated 27.5.2005 passed by respondent No. 2 under Section 144 of the Code attached as Annexure P-3 with the petition and for quashing of FIR No. 116 dated 27.6.2005 under Section 188 of the Indian Penal Code registered at Police Station Bhikhi attached as Annexure P-4 with the petition. The petitioner also prays for quashing of subsequent proceedings arising out of the said FIR.

(3.) THE petitioner claims that he is entitled to sell, exhibit or distribute all medicines except those medicines specified in Schedule X of the Rules. Respondent No. 2 i.e. Deputy Commissioner-cum-District Magistrate, Mansa exercising powers under Section 144 of the Code has been pleased to issue a notification Annexure P-3, which reads as under :-