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2008 Supreme(P&H) 714

M.M.KUMAR, T.P.S.MANN
Jiewan Kuamar – Appellant
Versus
State Of Punjab – Respondent


Judgment

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































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