Madras High CourtWP/29302/2019allowed

M/S.Kawarlal And Co., v. The Drugs Inspector

2019-10-10Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2019

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.No.29302 of 2019 M/s.Kawarlal & Co., No.27, Raghunayakulu Street, Chennai - 600 003.

By its Proprietor K.Ramlal jain ..Petitioner Vs.

The Drugs Inspector, Govt. of India, Ministry of Health & Family Welfare, CDSCO (SZ) 2nd Floor, Shastri Bhawan Annexe, Nungambakkam, Chennai - 600 006.

..Respondent PRAYER: Writ petition filed under Article 226 of Constitution of India, praying to issue Writ of Mandamus, directing the respondent herein to test the good, viz, Inositol NF12 (Not for Medicinal Use) bearing (i) Sample No.LS/CS/SZ/2019/007 (ii) Sample No.LS/CS/SZ/2019/008 (iii) Sample No.LS/CS/SZ/2019/009 issued under Form 17 (under Rule 56 and 145A of Drugs and Cosmetics Act) dated 01.10.2019, the sample of which was taken from the warehouse of the petitioner concern, from any accredited laboratory within a time frame and to provide a copy of the said test report to the petitioner.

For Petitioner : Mr.S.Baskaran For Respondent : Mr.Kathir velu, SGP

ORDER

The prayer reads as follows:

"Writ petition filed under Article 226 of Constitution of India, praying to issue Writ of Mandamus, directing the respondent herein to test the good, viz, Inositol NF12 (Not for Medicinal Use) bearing (i) Sample No.LS/CS/SZ/2019/007 (ii) Sample No.LS/CS/SZ/2019/008 (iii) Sample No.LS/CS/SZ/2019/009 issued under Form 17 (under Rule 56 and 145A of Drugs and Cosmetics Act) dated 01.10.2019, the sample of which was taken from the warehouse of the petitioner concern, from any accredited laboratory within a time frame and to provide a copy of the said test report to the petitioner."

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2. Mr.Kathirvelu,learned Special Government Pleader takes notice for the respondent.

3. In view of the limited prayer sought for, the writ petition is allowed, directing the respondent to test the imported goods in any of the accredited laboratory within a period of two weeks from the date of receipt of a copy of this order and give a copy of the report to the petitioner. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar To The Deputy Drugs Controller (I), Govt. of India, Ministry of Health & Family Welfare, CDSCO (SZ) 2nd Floor, Shastri Bhawan Annexe, Haddows Road, Nungambakkam, Chennai - 600 006.

+2cc to Mr.S.Baskaran, Advocate sr.85560 W.P.No.29302 of 2019 rk(co) nr 14/10/2019 https://hcservices.ecourts.gov.in/hcservices/