- (1.) The contour of the facts & material, culminating in the commencement, relevant for disposal of instant petition and emanating from the record, is that, on 9.3.2010, as soon as, the police party headed by ASI Gurdeep Singh and consisted of other police officials, reached and was present at Ram Nagar Kanchian, Maur Mandi for patrolling and checking of intoxicant drugs, in the meantime, a secret information was received that petitioner Dharam Pal and his brother Satish Kumar sons of Sukhdev Raj, exhibiting themselves as qualified doctors, were selling the intoxicant medicines, without prescription of any qualified doctor and are cheating the innocent people. They were illegally selling the intoxicant drugs and if immediately raid is conducted, then, huge quantity of such drugs can be recovered from them. Believing the information as reliable, the ASI sent the ruqqa to Police Station for registration of a case.
(2.) According to the prosecution that in the wake of search, the petitioners-accused were found in illegal possession of drugs of Spansmo proxivon 11100 capsules, Spas Proximol 2304 capsules, carisol 4000 tables, Lomotil 15000 tablets, Peeon-Spas-D-600 tablets, Spasmocip plus 2000 capsules, Microlit 30000 tablets, Tromrdex Plus 5800 tablets, Alpazole 05 1200 tablets, Diazepam 1000 tablets, Alprazolam .05 6200 tablets, Unizolam 6000 tablets, Fortadol 130 tablets, Alpazolam Nirder 0.5 2400 tablets and they were providing the medicines to the general public, pretending themselves to be qualified doctors, without any permit or licence. In the background of these allegations and on the basis of ruqqa, the present case was registered against the petitioners-accused, by means of FIR No.21 dated 9.3.2010 (Annexure P2), on accusation of having committed the offences punishable under section 420 IPC and section 15 of the Indian Medical Council Act, 1956 in the manner depicted here-in-above.
(3.) After the completion of the investigation, the police submitted the challan/final police report, in terms of section 173 Cr.PC. Thereafter, the trial Court framed the charges against the accused to face the trial for the commission of indicated offences, vide impugned charge sheet dated 12.10.2011 (Annexure P3), which, in substance, is as under:- "That on 9.3.2010, at about 9.00 a.m., in the area of Maur Mandi, you both accused in furtherance of common intention of you both, cheated general public by dishonestly inducing them to get treatment from you by telling them you are qualified medical practitioner and running a Chemist Shop named as Ganesh Medical Agency and giving the medicines to the people by saying yourself as qualified doctor without having any medical practitioner licence and thus you have cheated the general public and by doing the said act you both have committed an offence punishable under Section 420 IPC and without my cognizance. Secondly, on the same date, time and place, you both accused in furtherance of common intention of you both, you accused Dharampal was found in possession of Spansmo proxivon 11100 capsules, Spas Proximol 2304 capsules, carisol 4000 tablets, Lomotil 15000 tablets, Peeon-Spas-D-600 tablets, Spasmocip plus 2000 capsules, Microlit 30000 tablets, Tromrdex Plus 5800 tablets, Alpazole .05 1200 tablets, Diazepam 1000 tablets, Alprazolam .05 6200 tablets, Unizolam 6000 tablets, Fortadol 130 tablets, Alpazolam Nirder 0.5 2400 tablets and you both accused were given the medicines to the general public by saying you are qualified doctor without any medical practitioner licence and by doing the said act you both have committed an offence punishable under section 15 of Indian Medical Council Act and within my cognizance.";