SATISH KUMAR MITTAL, J. - (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. The District Magistrate, Kapurthala, in exercise of the power under Section 144 of the Code had issued an order dated 18.9.2003 which directed that no chemists/medical stores in the District would sell certain medicines without prescription from a qualified doctor. It was also directed that all the chemists/medical stores/drug stores shall maintain complete record of their stock, sale, purchases, date of expiry of the product, which will be available to inspections to all the Executive Magistrates, gazetted police officer and any other person specifically authorized in this regard by the District Magistrate. The said order was issued on the representation made by various social and non-government organizations to curb the menace of drug addiction, as it was brought to the notice of the authorities that various sedatives, pain killers, anti allergics, anti-asthma tables, injections and cough syrups, which are being used as intoxicants, are easily available at various medical stores without prescription from a qualified doctor.
(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.;