Pranballabh Sahoo v. State Of West Bengal And ORS.

15.11.2022 sayandeep Sl. No. 08 Ct. No. 05 WPA 20810 of 2022 Pranballabh Sahoo -Versus- The State of West Bengal & Ors.

Mr. Rabi Lal Maitra Mr. Rajit Lal Maitra .....for the petitioner Ms. Chaitali Bhattacharya Mr. Kartik Chandra Kapas ......for the State The petitioner is aggrieved by an order dated 30th August, 2022 of the Assistant Director of Drugs Control, Purba Medinipur, by which the drug licence of the petitioner was suspended till the period of validity/retention of licences with immediate effect. Although learned counsel appearing for the petitioner relies on proviso(b) to Rule 66(1) of The Drugs Rules, 1945, it is undisputed that the petitioner did not avail of the remedy provided under Rule 66(2) under which a licensee can prefer an appeal against an order of suspension of cancellation of licence to the State Government within three months from the date of the order.

The petitioner has till 30th November, 2022 to prefer the appeal.

Hence, WPA 20810 of 2022 is disposed of with leave to the petitioner to exhaust the alternative remedy provided under the Rules before approaching the Writ Court.

It is made clear that the appellate authority shall consider and decide the appeal preferred by the petitioner within two weeks from the date on which such appeal is preferred and pass a reasoned order within an outer limit of three weeks and furnish a copy of the reasoned order to the petitioner within four weeks from the date on which the first hearing is made. (Moushumi Bhattacharya, J.)