- (1.) The petitioner in this petition is dealing in the sale and distribution of drugs in retail. He was granted licences for this purpose in Form 20, 20-B, 21 and 21-B, which are valid upto 31.12.1993. By means of present petition under Article 226 of the Constitution of India, the petitioner seeks a writ order or direction in the nature of prohibition commanding the respondents not to enforce Section 42 of the Pharmacy Act, 1945, and also a writ order or direction in the nature of mandamus directing the respondent their subordinates and officers not to prosecute the petitioner for violation of Rule 65 of the Drugs and Cosmetics Rules, 1945 and Section 42 of the Pharmacy Act.
(2.) The matter in issue is governed by the provisions of Drugs and Cosmetics Act and the Rules framed thereunder known as Drugs and Cosmetics Rules, 1945, (hereinafter referred to as the Act and the Rules respectively.
(3.) Before examining relevant provisions of the Rules it is pertinent to state here that licenses in various forms are issued to the licencees according to classifications of the drugs. The drugs have been classified in the Schedules appended to the Rules. There are different conditions to be satisfied before granting licence. The licensing authority under the Rules has to satisfy itself as to whether terms and conditions relating to the licence sought for have been fulfilled and only then licence is granted.;