B.M. Lal and S.K. Verma,J. - (1.) Order passed in this petition shall also govern disposal of Writ Petition No. Nil of 1994, Shyam Saran Yadav v. Union of India Since the matter in issue in both the petitions is just the same, they are being decided by this common order.
(2.) By this petition, the petitioner seeks a writ, order or direction in the nature of mandamus clearing the provisions of Rule 65(15)(c) of Dings and Cosmetic Rule, 1945 and Section 4 2 of the Pharmacy Act, 1948 as ultra vires to Article 19(1), (g) of the Constitution of India. 2A. In the Writ Petition filed by Shyam Saran Yadav, the relief sought is as under ' (i) issue a Writ, order or direction in the nature of prohibition to the respondents not to enforce Section 42 of the Pharmacy Act 1945 from 1st Sept. 1994; (ii) issue a Writ, order or direction in the nature of mandamus directing the respondent- and their subordinate officers not to prose cute and punish the petitioners for violating Rule 65(15) C (ii) and 65(2) of the Drugs and Cosmetics Rule 1945 and Section 42 of the Pharmacy Act, 1948 and declare and hold that Mule 65(15) C(ii) of the Rules and Section 42 of the Pharmacy Act, 1948 are ultra vires to Article 19(1 )(g) of the Constitution of India.
(3.) The petitioner is dealing in the sale and distribution of drugs in retail. He was granted licences for this purpose in Form 20 & 21 which are valid upto 31-12-1994.;