VINOD K.SHARMA, J. - (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. The petitioner is a qualified Chemist and has been granted licence by the Punjab State Pharmacy Council, Chandigarh for running a chemist shop. The licence for running the chemist shop was issued under the Drugs and Cosmetic Rules, 1945 (for short the Rules) which also regulate the sale of medicines to the customers. Business of chemist has to be done as per the Rules framed under the Act.
(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 :- "Office of the District Magistrate, Mansa (MA Branch) Order under Section 144 Cr.P.C., 1973 Dated ....... ORDER Whereas it has been brought to my notice by various social and non-government organisations that a large number of persons, especially youth and those belonging to economically weaker sections are falling prey to the menace of narcotics and drugs. It has also been highlighted in the medical that a large number of prescription drugs which are currently being illegally sold by chemists over the counter without valid prescription, are being misused for their narcotic effects. The abuse of such drugs and chemicals beyond the prescribed dosage and without prescription of a registered medical practitioner is leading to deterioration in law and order with the increasing incidents of petty crimes and disturbance of peace and tranquility, along with disruption in family life. 2. And whereas it has come to my notice that a person is easily initiated in to misuse of drugs due to easy availability of various types of sedatives, painkillers, anti-allergic, anti-histamines, injections, cough syrups, etc. in regard to which certain medicines are consistently prone to issued (be used ?) as intoxicants. 3. Whereas in the public interest, I, Raj Kamal Chaudhary, IAS, District Magistrate, Mansa being satisfied that sale of medicines without prescription and non-maintenance of the stock registers sale and purchase registers leads to easy availability of intoxicating drugs, which is harmful on the health, mind and life of youth in particular and public in general, and therefore, immediate measures are required in the public interest. 4. Therefore, in exercise of the powers vested in me under Section 144 of the Code of Criminal Procedure, 1973, I order that no chemist in this district, whether retailer or whose-seller, will sell, whether by retail wholesale, any drug/medicine which are detailed in Annexure-I (overleaf) without a prescription from registered medical practitioner. It is further directed in the public interest that all the chemists/medical/drugs store (whether retail or wholesale) will maintain complete record of their current stock, sales and purchase register, which will be available for inspection to all Executive Magistrate, Police Officials of the rank of DSP and above, or any other person specifically authorised by the undersigned in writing. 5. In view of the urgency of the matter, this order is being passed ex parte and is addressed to the public in general. 6. This order shall remain in force for a period of two months from the date of issue i.e. 27.5.2005 to 26.7.2005. 7. This order shall be affixed to the Notice Board of the District Magistrate, SSP, Civil Surgeon, all SDMs, Tehsildars in the district and shall be promulgated by announcement through publicity van of the Public Relations Department, Mansa and affixed at conspicuous places. 8. Given under my hand and seal today the 27th day of May, 2005." ;