Punjab Chemists Association (Regd.) vs Union Of India And Others on 19 February, 2013

[Cites 2, Cited by 0]

Punjab-Haryana High Court

Punjab Chemists Association (Regd.) vs Union Of India And Others on 19 February, 2013

Bench: Rajiv Narain Raina

CWP No.3610 of 2013
                                                                               -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                   CWP No.3610 of 2013
                                   Date of Decision: 19.02.2013


Punjab Chemists Association (Regd.)
                                                         ..... Petitioner

                                          Versus

Union of India and others
                                                         ..... Respondents


CORAM:-       HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:    Mr. J.S. Brar, Advocate,
            for the petitioner.

1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?


RAJIV NARAIN RAINA, J.(Oral)

In this petition, the following prayer has been made:-

(a) the issuance of a writ in the nature of Mandamus or such other appropriate writ, order or directions, directing the respondents no.2 and 3 to comply with the provisiosn of the Drugs and Cosmetic Act, 1940 and issue direction to all Senior Superintendents of Police of Punjab not to invoke and misuse the provisions of NDPS Act in view of the instructions issued by the respondent no.2 and the various judgments/orders passed by this Hon'ble Court and other Hon'ble High Courts and Supreme Court of India."

Learned counsel for the petitioner points out to an order passed by this Court on 22.03.2006 in Crl. Rev. No.1834 of 2003 (P-4) in which an undertaking was given by the State with the following words:-

"At the outset, counsel for the State submitted that the issue whether the petitioners are liable to be prosecuted was reviewed by a committee comprising of Chief Secretary, Advocate General and DGP Punjab on representation being made by the Punjab Chemists Association. All SSPs have been directed to take care that no false case was registered against CWP No.3610 of 2013 -2- any genuine chemist druggist unless the alleged act fell under the provisions of the Act. It was also decided to review all pending cases of chemists by a committee headed by DIG (Crime) with two SPs of the Crime Branch and the State will not proceed against any chemist, who was selling drugs on prescription as medicines. Whether or not the chemists were genuinely selling medicines against proscription will be reviewed.

In view of the stand of the State, let this petition be put up for further hearing on 11.10.2006. Before the said date, the State will file its stand as a result of review."

The petitioner before this Court is the Punjab Chemists Association (Regd.), Patiala making the aforesaid prayer.

In view of the undertaking given by the State to this Court in the extract of the order reproduced above, this matter is disposed of with the observation that the SSPs of different districts of the State of Punjab will remain bound by the undertaking and discharge their duties in accordance with law.

Disposed of with the above directions.

(RAJIV NARAIN RAINA) JUDGE 19.02.2013 manju

Unlock Advanced Research with PRISMAI

Punjab-Haryana High Court