Hindustan Unilever Ltd v. Department Of Drugs Control,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.7119 of 2020 &WMP.No.8485 of 2020 Hindustan Unilever Limited, (Personal Products Factory) NH-45A, Vadamangalam, Puducherry - 605 102, Represented by its Authorised Signatory, Ms.Divya Srikanth

...Petitioner

-Vs1.Department of Drugs Control, Government of Hospital Buiding, 1st Floor, Murungapakkam, Kombakkam - Villianour Road, Rep. by Secretary.

2.Dr.V.S.Karwasara, Drugs Inspector, They Deputy Drugs Controller (India), CDSCO-West Zone, 4th Floor, Zonal FDA Bhawan, GMSD Compound, Bellasis Road, Mumbai Central, Mumbai - 400 008.

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3.Government Analyst, Regional Drugs Testing Laboratory, Central Drugs Standand Control Organisation, Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India, Section - 39 C, Chandigarh - 160 036.

4.Shri V.Karthikeyan, Licensing Authority, Department of Drugs Control,

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records of the 4th Respondent in relation to the Order dated 5th March 2020 bearing reference No.119/DDC/NSQ/U.II/2019-20 and quash the same. For Petitioner : Mr.Rahul Balaji For R1 & R4 : Mr.Dr.B.Ramaswamy, Additional Government Pleader For R2 & R3 : Mr.K.Srinivasamurthy, Special Panel Counsel

ORDER

The petitioner is a manufacturer of talcum powder and sells its product in the brand name 'POND'S'. Without notice to the petitioner, it appears 2/5

some random sample of petitioner's product was taken and it was stated to have been tested by the standards applicable for the infants and based on the report of the laboratory, the petitioner's license to manufacture talcum power was suspended. This issue has triggered the filing of this petition.

2.Now, the learned counsel for the petitioner informs that the license for manufacturing the talcum power has been issued to the petitioner in 2022 and in view of the same, he is not inclined to prosecute the petition and also seeks the leave of the Court to withdraw this Writ Petition, with liberty to file a fresh petition.

3.Now that the petitioner has a license to manufacture the talcum powder, the present petition is closed. However, the petitioner is at absolute liberty to approach this Court if any further action is taken by the respondent herein which may affect or interfere with his manufacturing the talcum power.

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4.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 02.08.2023 Index : Yes/No Internet : Yes/No Tsg To 1.Department of Drugs Control, Government of Hospital Buiding, 1st Floor, Murungapakkam, Kombakkam - Villianour Road, Rep. by Secretary.

2.Government Analyst, Regional Drugs Testing Laboratory, Central Drugs Standand Control Organisation, Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India, Section - 39 C, Chandigarh - 160 036.

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N.SESHASAYEE, J., Tsg Order made in 02.08.2023 5/5