M/S Bihar Medico, Proprietor Ravi Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.6613 of 2018 dt.12-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6613 of 2018 =========================================================== M/s Bihar Medico, Proprietor Ravi Kumar S/o Late Baleshwar Lal, Premises situated at C-8 1st Floor, Uday Place Gobind Mitra Road, Patna, R/o Puspa Bhawan, S.P. Ghosh Lane, G.M. Road, P.S. - Pirbahore, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, New Secretariat, Patna.

2. The State Drug Controller-cum-Chief Licensing Authority, New Secretariat, Bihar, Patna.

3. The Assistant Drug Controller, Drug Control Administration, Patna, 4th Floor, NMCH, Campus Kankarbagh, Patna - 20.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ram Shankar Das, Mr. Abhay Kumar, Advocates.

For the Respondents : Mr. Rajeshwar Singh, GA-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-04-2018 The present writ petition has been filed for a direction to the respondents to release the drugs seized by the Inspector of Drugs in exercise of power under Section 22(1) of the Drugs and Cosmetis Act, 1940; and for connected reliefs.

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation dated 06.02.2018 (Annexure-17) filed before the Assistant Drug Controller, Drug Control Administration, NMCH, Patna (Respondent No. 3) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

Patna High Court CWJC No.6613 of 2018 dt.12-04-2018

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Assistant Drug Controller, Drug Control Administration, NMCH, Patna (Respondent No. 3) to consider and dispose of the petitioner's representation dated 06.02.2018 (Annexure-17), if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.04.2018 Transmission Date N.A.