- (1.) Heard Sri Indra Mani Tripathi, learned counsel for the petitioner and learned A.G.A.for the State of U.P.
(2.) This petition has been filed by the petitioner Siyaram with the following prayers : A)Issue writ, order or direction in the nature of certiorari to quash the impugned Government Order dated 26.2.2010 and 12.4.2010 issued by respondent no.1 and 2, and consequential FIR dated 20.5.2011 lodged by the respondent no.3 in case crime no. 426 of 2011 under sections 272/273 and 60 Excise Act, 1910, registered in police station Hari Parvat, Agra district Agra. B)Issue writ, order or direction in the nature of Mandamus commanding the respondents not to initiate any coercive measures and stay the arrest of petitioner in case crime no. 426 of 2011 under sections 272, 273 IPC and 60 Excise Act, 1910, registered in police station Hari Parvat Agra and district Agra otherwise the petitioner/applicant shall suffer irreparable loss and injury. C)further more, this Hon'ble court may graciously be pleased to declare the G.O. dated 26.2.2010, 12.4.2010 issued by the respondent nos. 1 and 2 to the extent of invocation of section 272/273 IPC is unjustified, non est and ultra virus of Article 14 of the Constitution of India. Or may pass/issue such other writ, order or direction like a nature as this Hon'ble court may deem fit and proper in the aforesaid facts and circumstances of case. D)Award the cost of petition.
(3.) The above mentioned relief has been sought on the following grounds: a)Because the whole act of the respondents are illegal, arbitrary, malafide, without jurisdiction and against the law, Rules and procedure of the various enactment of central government. b)Because the petitioner is an employee of valid registered and authorized Firm's running the medical shop and sell, stock or exhibit for sale or distribute by retail, the Drugs in accordance with rules, and regulations of the Drugs and Cosmetics Act, 1040 and Rules 1945. c)Because the aforesaid Firm known as "M/s Sharma Drug House" situated at Freeganj Agra, is fully eligible doing aforesaid business of Drugs and cosmetics under the license issued by the appropriate authority in accordance with the Act 1940 and its rule 1945. d)Because the aforesaid "M/s Sharma Drug House" situated at freeganj Agra, after completing whole requirements, formalities and after depositing requisite charges/fees with due permission of authorities as prescribed under the aforesaid Rules 1945 made applicable and the appropriate licensing authority after being full satisfaction has issued the license. e)Because the aforesaid Drug License issued with the name of Mohit Sharma under the title "M/s Sharma Drug House" situated at freeganj Agra, is valid upto 31.12.2011. f)Because there is no any complaint amongst the public against the "M/s Sharma Drug House" situated as freeganj, Agra. The aforesaid Firms and petitioner has unblemished carrier till today. g)Because the petitioner has been alleged with case crime no. 426 of 2011 under section 272,273 IPC and 60 Excise Act 1910 registered in police station Hari Parvat, Agra, and District Agra. h)Because the FIR itself explanatory that it has been lodged by respondent no. 3 the Excise Inspector , only on suspicion and probability. i)because the recovery of unlocked/open bottles contains 100 ml liquid alleged to have been made by the respondent no. 3, treating malafide and inimical to the petitioner employer Firm's due to ulterior motive and for some things, which clearly reveals that he has falsely implicated the petitioner with ulterior motive, only being an employee of the Firm as "M/s Sharma Drug House". j)Because the petitioner is an employee of the medical firm known as "M/s Sharma Drug House", situated at Freeganj Agra. k)Because the aforesaid medical Firm registered and governed with provisions of Drugs and Cosmetic Act, 1940( Act 1940) and Drugs and Cosmetic Rule, 1945( Rule 1945). l)Because the deponent is proprietor of aforesaid medical Firm as "M/s Sharma Drug House" fully eligible and qualified doing the business of Drugs and cosmetics under the aforesaid Rules 1945 and Act 1940. m)Because the aforesaid Drug License under the designation of aforesaid Firm's as "M/s Sharma Drug House" is valid, renewed and up-to dated 31.12.2011. It is further made clear that the license of the aforesaid Firm has neither suspended nor cancelled till today. n)Because the aforesaid G.O. dated 26.2.2010 and 12.4.2010 has no application with the petitioner employer Firms, and same G.O. to the extent of invocation of section 272/273 IPC are violating the Art. 14 of the Constitution of India, and contrary to the provision of PFA Act Food Safety and Standard Act 2006( FSSA Act 2006) and Drugs and Cosmetics Act 1940, its Rules 1945. o)Because there is nothing to show that the petitioner indulged in doing any wrong things or in violation of any terms and condition of Rules or License. p)Because the petitioner has no concerned with Methyl Alcohol' the main component of Tincture' is 'Ethyl Alcohol' as such it is absolutely wrong, false and mere an allegation that the petitioner indulged in doing business of Methyl Alcohol' or its component. q)Because some of the identical medical Firms Operators/ Proprietors have challenged the similar acts of the respondents authority, before this Hon'ble court by means of W.P. No. 27461 /09, 30581/09 and 30583 /09 in which this Hon'ble court has pleased to pass the interim order dated 3.6.2009 and 17.7.2009 whereby directed the respondent's authority to open the shop/medical stores of the concerned petitioner's Firms and allowed them carrying their business. r)Because identical Firms as petitioner's employer Firm filed writ petition nos. 63965 and 61761 of 2010 before this Hon'ble Court, which has been allowed by vide order dated 25.11.010 and 24.11.2010 whereby directed the respondent to de-sealed the shops/Firm. s)Because the proprietor of "M/s Sharma Drug House" situated at freeganj at last made complaint to the various authorities of state including respondents by means of telegram dated 20/21.05.2011, but the respondents have not paid heed to the matter, while threatening to dare consequences instead to comply with the law, procedure and order's of this Hon'ble Court. t)Because the act of respondent's violates Art. 14,16,19,21 and 22 of the Constitution of India.;