P C GUHA AND SONS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2004-8-25
HIGH COURT OF CALCUTTA
Decided on August 23,2004

P.C.GUHA AND SONS Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) In the instant writ petition, the petitioner has challenged the notification dated 10.7.1997 (for short "the notification") issued by the Director of Drugs Control, West Bengal, the memo dated 2.9.2002 issued by the Assistant Director of Drugs Control, Midnapore District Office and the memo dated 5.9.2002 issued by the Deputy Director of Drugs Control, Bankura Regional Division Office.
(2.) Mr. Roy Chowdhury, learned Advocate appearing for the petitioner submits that the notification directing licensed firms willing to change (increase or decrease) their existing area of the premises to obtain fresh licence after submitting fresh application in respective form along with fresh sketch map and original T.R. challan depositing requisite fees for grant of licence is bad in law since it amounts to cancellation of the licence granted and such cancellation is illegal in view of Rule 66 of the Drugs and Cosmetics Rules, 1945 (for short the "the Rules"). Thus, it is submitted that the notification should be quashed.
(3.) I have heard Mr. Roy Chowdhury, learned Advocate appearing on behalf of the petitioner. None appears on behalf of the State-respondents. No affidavit- in-opposition has been filed in spite of directions.;


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