M/S Anamika Agency Proprietor Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9034 of 2017 ===========================================================

1. M/s Anamika Agency Proprietor Manoj Kumar, S/o Late Gajadhar Prasad Premises situated at F.B.S. Road R/o Mohall Swarajpuri Road Near Bank of Baroda, P.S.- Kotwali (Gaya), District- Gaya. .... .... Petitioner/s

Versus

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

2. The Assistant Drug Controller- Drug Control Administration, Gaya.

3. The Drug Inspector Sadar, Gaya.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das For the Respondent/s : Mr. NAGENDRA PD.YADAV-SC23 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 17-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the order dated 27.5.2017 passed by the Assistant Drug Controller- Drug Control Administration, Gaya by which his drug licence of running medical shop has been suspended for the period of 90 days without considering the material available on record. Petitioner is a licence holder and was running the shop of medicine. The shop of the petitioner was inspected on 30.9.2016 and found certain irregularities. Thereafter the Assistant Drug Controller asked a show cause to the petitioner stating therein that some irregularities were found at time of inspection which was replied by him but the authority concerned has suspended the licence of shop by order dated 27.5.2017.

Patna High Court CWJC No.9034 of 2017 dt.17-07-2017 Even after expiry of 90 days, the shop of the petitioner is still under suspension and against the order of suspension petitioner has moved in appeal before the appellate authority under Rule 66(2) of the Drugs and Cosmetic Act which is still pending.

Learned counsel for the petitioner submits that the inspecting team has wrongly recorded infirmities though there is no infirmity.

In such view of the matter, the appellate authority is directed to dispose of the matter within a period of four weeks from the date of receipt/production of a copy of this order. In the meantime, petitioner will be at liberty to run his shop till the disposal of the appeal by the appellate authority. With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 18.7.2017 Transmission Date NA