M/S. SANTOKBA Vs. LICENSE AUTHORITY & ASST. DRUG CONTROLLER, JAIPUR
LAWS(RAJ)-2018-11-19
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on November 27,2018

M/S.?Santokba Appellant
VERSUS
License Authority And Asst. Drug Controller, Jaipur Respondents

JUDGEMENT

ASHOK KUMAR GAUR,J. - (1.) The petitioner who is a licensee under the Drugs and Cosmetics Act, 1940 is aggrieved by the order dated 07.08.2018 passed by the Licensing Authority wherein the license of the petitioner has been "invalidated" under the provisions of Rule 66(1) of the Drugs and Cosmetics Rules, 1945 (hereinafter shall be referred to as "the Rules, 1945"). The petitioner is also aggrieved by order dated 29.08.2018 passed by the Appellate Authority dismissing the appeal filed against the order dated 07.08.2018.
(2.) The petitioner has made following prayers in the present writ petition, which are quoted as under:- "It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to call for and examine the record and thereafter may kindly accept and allow this Writ Petition with cost and by an appropriate writ, order or direction be pleased to: 1. Quash and set aside the impugned order dated 29.08.2018 (ANNEXURE-1) passed by the Ld. Appellate Officer and Secretary, Department of Health And Family Welfare, Government of Rajasthan, in Appeal no. 43/2018; 2. Quash and set aside the Order dated 07.08.2018 passed by Respondent No.1 (ANNEXURE-5); 3. Direct the Respondent Authority to issue fresh Drug License to the Petition on Form 20, 21, 20B, 21B, 20F and 20G of the said Act of 1940 on the premises in issue i.e., Ground Floor, RDMC Block, OPD Building, Santokba Durlabhji Hospital, Bhawani Singh Road, Jaipur. 4. Quash / Cancel the following Drug Licenses issued to Rajasthan Rajya Sahakari Upbhokta Sangh Ltd.(CONFED), Medical Branch, on Petitioner's business premises located on Ground Floor, RDMC Block, OPD Building, Santokba Durlabhji Hospital, Bhawani Singh Road, Jaipur : (i) Form 20 -DRUG/2018-19/15804 valid from 07.08.2018 to 06.08.2023 (ii) Form 21- DRUG/2018-19/15805 valid from 07.08.2018 to 06.08.2023 5. Any other appropriate order or direction which may be considered just and proper in the facts of the circumstances of the case may also kindly be issued in favour of the Petitioner."
(3.) The brief facts, as pleaded in the writ petition, are that the petitioner has been issued licenses under Rule 61 of the Rules, 1945. The licenses issued to the petitioner are as under:- "a. Wholesale Licenses- (a) Form 20B- JPR/2015/1564 Valid upto 18.02.2020 (b) Form 21B - JPR/2015/1565 Valid upto 18.02.2020 b. Retail Licenses: (a) Form 20 - JPR/2015/1562 Valid upto 18.02.2020 (b) Form 21 - JPR/2015/1563 Valid upto 18.02.2020 c. Form 20F - No. 1566-Retail license for Schedule X Drugs valid upto 18.02.2020. d. Form 20G - No. 1567-Wholesale license for Schedule X Drugs valid upto 18.02.2020.";


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