Judgment

TULZAPURKAR, J.:- After hearing counsel for the parties we are satisfied that no proper opportunity was given to the appellants before their licences were cancelled. At any rate at the appellate stage additional material not furnished to them has been relied upon and clearly they had no opportunity to meet it. It is very clear to us that the appellate authority was greatly influenced by the fact that :

"Four such drugs (resembling the reputed drugs) were sent to the Central Drugs Laboratory for test and were declared not to be standard quality. This indicates that the petitioner (appellants) deals in sub-standard and spurious quality of medicines and was playing with the life of the ailing community."

This aspect of the matter was not mentioned in the show cause notice initially served on the appellant presumably because by that time the Laboratory Test Report had not been received but as and when it was received it ought to have been furnished to the appellants before reliance was placed thereon for the purpose of confirming the cancellation order passed by the authority in the first instance. The Appellate Authority has also stated that non-production of godown licence etc.