Patna High CourtCWJC/16786/2016disposed

M/S New Revival Homeo Pharmacy v. The State Of Bihar And ORS

2017-01-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16786 of 2016 ===========================================================

1. M/s New Revival Homeo Pharmacy Proprietor Jitendra Kumar S/o Late Ram Lakhan Sah R/o- Gupta Colony, Bhikhna Pahari P.S.- Kadamkuan Distt. Patna .... .... Petitioner/s

Versus

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

2. The State Drug Controller-Drug Control Administration, Bihar Patna

3. The Assistant Drug Controller-Drug Control Administration, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das For the State : Mr.Niraj Kumar Sinha, AC to PAAG 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 19-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is challenging the order dated 17.9.2016 passed by the Assistant Drug ControllerDrug Control Administration, Patna by which licence of shop of the petitioner has been cancelled.

Petitioner is licensee under the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rule, 1945. Licence No. PAT 1341/2013, Form 20© as per Rule was issued on 12.3.2013 to be valid up to 11.3.2018. A raid was conducted and it was found that petitioner has committed illegality in sale of drugs. In pursuance thereof after issuing notice of show cause by the State

Patna High Court CWJC No.16786 of 2016 dt.19-01-2017 Drug Controller-Drug Control Administration, Bihar, Patna vide memo no.387 dated 17.9.2016 after considering the show cause, cancelled the licence of the petitioner as found committed fault in running the shop.

Against the aforesaid order petitioner has filed appeal before Hon'ble Minister, as per Rule 67 (2) of the Drugs and Cosmetics Rule 1945 and till the disposal of appeal. Only question has been raised that till disposal of the appeal petitioner should be allowed to run the shop. Appeal is continuation of the trial and matter is pending for consideration before the Hon'ble Minister.

In such view of the matter, the Hon'ble Minister is directed to decide the appeal within a period of three months from today.

In the meantime, order dated 17.9.2016 for ncancellation of licence shall remain stayed.

With the aforesaid observation this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 21.1.2017 Transmission Date NA