M/S. Amar Medico v. The State Of Bihar And ORS

Patna High Court CWJC No.6825 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6825 of 2016 ======================================================

1. M/S. Amar Medico A/10 Mahima Place, Govind Mitra Road, Patna 4, Proprietor Poonam Devi W/o Satya Prakash R/o Govind Mirta Road, P.S. Pirbahore, 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 - Cum - Chief Licensing Authority, New Secretariat, Bihar, Patna

3. The Licensing Authority Drug Control Administration, Municipal Area, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das, Advocate For the Respondent/s : Mr. AC to GA9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-04-2016 Heard counsel for the petitioner as well as learned appearing for the State.

The petitioner prays for setting aside the order contained in letter no. 550, dated 26.03.2016, issued by respondent No.3, the Licensing Authority Drugs Controller Administration, Municipal Area, Patna, whereby license of the petitioner has been suspended for a period of 30 days, under Rule 66 of the Drugs & Cosmetics Rules, 1945.

The petitioner has assailed the impugned order on a number of grounds. He submits that the licensing authority has passed the impugned order without consideration of the show-

Patna High Court CWJC No.6825 of 2016 (2) dt.22-04-2016 cause filed by him. The petitioner further submits that though he has filed an Appeal before the Appellate Authority under Rule 66(2) of the Drugs & Cosmetics Rules, 1945, but as the Appellate Authority is not holding its sittings, he has preferred this application.

Counsel for the State submits that the petitioner has already filed his Appeal and he should pursue the same. As the Act provide for an Appeal against the order of suspension under Rule 66(2) of the Drugs & Cosmetics Rules, 1945, this Court would find it appropriate that the matter be agitated first before the Appellate Forum. In view of the submission of the petitioner that the Appellate Authority is not holding its sittings, which fact is not affirmed by the State and as the order of suspension is for 30 days, this Court would allow an interim stay for a period of 10 days from today to proceed his remedy of Appeal.

With the aforesaid observation, this application is disposed of.

(Samarendra Pratap Singh, J) KHAN/- U