M/S.Lark Laboratories (India) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.09.2021

CORAM:

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM WP No.32241 of 2016 and WMP Nos.27960 & 27961 of 2016 M/s.Lark Laboratories (India) Ltd.

Rep by its Joint Managing Director, Thiru. Vijay Kumar Gupta, .. Petitioner Vs.

1 The Managing Director, Tamil Nadu Medical Services Corporation Ltd, 417, Second Floor, Pantheon Road, Egmore Chennai-600 008.

2 The Director of Drug Control, No.359, Anna Salai, Chennai-600 006.

3 The Assistant Director of Drugs Control, Kanchipuram Zone, Chennai-600 006.

4 The District Drug Warehouse, Karapettai, Kancheepuram.

5 The Drug Inspector, Kancheepuram Range, DMS Campus, Chennai-600 006.

.. Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the records relating to the impugned order Ref.No. QCF052/TNMSC/QC/2012-13 dated 01.03.2014 passed by the 1st respondent and quash the same.

For Petitioner : Mr.Ramesh Venkatachalapathy For Respondents : Mr.Sivakumar and Suresh (for R1 and R4) Mr.K.M.D.Muhilan (for R2, R3 & R5) Government Advocate.

O R D E R

The order passed by the 1st respondent dated 01.03.2014 blacklisting the petitioner for a period of five years from the date of order is under challenge in the present writ petition.

2. Admittedly, a criminal case was registered against the petitioner with reference to the allegation of adulteration and other irregularities.

3. The learned counsel for the petitioner states that the criminal proceedings are quashed by the High Court and therefore, the case of the petitioner has to be considered for grant of licence. This apart the black listing was made for a period of five years from 01.03.2014 and the period also expired.

4. In view of the fact that the petitioner is exonerated from the criminal proceedings, if any application is submitted by the petitioner, the said application is to be considered on merits and in accordance with law, by following the procedures, as contemplated.

5. With these observations, the writ petition stands disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar ars

To 1 The Managing Director, Tamil Nadu Medical Services Corporation Ltd, 417, Second Floor, Pantheon Road, Egmore Chennai-600 008.

2 The Director of Drug Control, No.359, Anna Salai, Chennai-600 006.

3 The Assistant Director of Drugs Control, Kanchipuram Zone, Chennai-600 006.

4 The District Drug Warehouse, Karapettai, Kancheepuram.

5 The Drug Inspector, Kancheepuram Range, DMS Campus, Chennai-600 006.

+1CC to M/s.M.Sriram, Advocate, SR.No. 48397 +1CC to The Government Pleader, SR.No. 48993 WP No.32241 of 2016 MG(CO) B.VC (18/10/2021)