JIEWAN KUAMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE relief sought by the petitioner is the quashing of promulgation order dated 27-5-2005 (P. 2) issued by the District Magistrate, Mansa under section 144, Cr. P. C. and also of FIR No. 128 dated 16-6-2005 registered at Police station City, Mansa under Section 188, i. P. C. (P. 3) and all the proceedings pending thereunder on the ground that the same were illegal, arbitrary, unconstitutional, against the principles of natural justice and also against the provisions of the Code of criminal Procedure.

(2.) ACCORDING to the petitioner, he is a registered Pharmacist and carrying on business as such under the name and style of public Medical Hall, near Bus Stand thikriwala, Mansa and authorized vide licence (P. 1)to sell, stock, exhibit and offer for sale or distribute by retail and whole sale the drugs as provided under the Drugs and cosmetics Rules, 1945. The said licence was issued on 1-1-2003 and now stood renewed upto 25-4-2011. It is then submitted that district Magistrate, Mansa promulgated on order under Section 144, Cr. P. C. (P. 2) that no chemist in the district, whether retailer or whole seller, will sell any drug/medicine mentioned in Annexure-1 thereto, without the prescription from a registered medical practitioner. It was also directed in the said order that all chemists will maintain complete record of their current stock of the specified drugs which record shall be available for inspection to all Executive Magistrate, police Officials of the rank of Deputy superintendent of Police and above or any other person specially authorized by the district Magistrate in writing. The promulgation was made effective from 27-5-2005 to 27-7-2005. Under the garb of the said order, the police registered as FIR against the petitioner on 16-6-2005 (P. 3) with the allegations that it received a secret information against the petitioner of selling narcotic drugs from his shop without the prescription slips of the doctors and these drugs included Proxyvon Spansmocip, Finotil, rexcof etc. Accordingly, he prayed for quashing of the promulgation order (P. 2) and of FIR (P. 3 ).

(3.) REPLY was filed on behalf of respondent No. 2. wherein it was submitted that the promulgation order (P. 2) was issued in the public interest, as it was brought to the notice of the said respondent that many persons, especially the youngsters and the economically weaker classes of the district had become prone to various intoxicant drugs and medicines. Even the media had published many instances in this regard. It was commonly observed that various chemists were selling intoxicant drugs and medicines without any prescription of medical practitioner. Therefore, necessity was felt to pass the promulgation order (P. 2 ).