T. P. S. MANN, J.

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 sec. 144, Cr. P. C. and also of FIR No.128 dated 16-6-2005 registered at Police station City, Mansa under Sec.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 Sec.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 ).

4. Respondent No, 3 also filed a reply, wherein it was submitted that on receipt of reliable information from a secret informer, fir (P.3) was registered against the petitioner on 16-6-2005 and after the completion of the investigation, challan was presented against the petitioner before learned chief Judicial Magistrate, Mansa on 20-12-2005 and charge under Sec.188, I. P. C. stood framed against the petitioner on 20-1-2006 and the case now fixed for recording of prosecution evidence.

5. We have heard learned counsel for the parties and perused the pleadings, besides the various documents brought on the record.

6. On 27-5-2005, District Magistrate, mansa, while exercising powers under Section 144 of the Code of Criminal Procedure (for short the Code) promulgated an order (P.2) that no chemist in the district will sell any drug/medicine as specified in Annexure-1 thereto without a prescription from registered medical practitioner. Further that in the public interest, all the chemist/medical/drugs stores (whether retail or wholeseller) will maintain the complete record of their current stock, which will be available for investigation to all Executive magistrate, Police Officials of the rank of deputy Superintendent of Police and above or any ot