JUDGMENT

OJHA J:- Special leave granted.

2. These appeals by special leave have been preferred against the judgment of the Patna High Court dated 17th February, 1989 in C M.J.C. No. 5943 of 1985 and C.W.J.C. No. 4788 of 1986 : (reported in 1989 BBCJ (HC) 253). The appellant was granted a licence in 1969 under the Drugs and Cosmetics Act, 1940 (the Act) and the Drugs and Cosmetics Rules (the Rules) to manufacture nine drugs. The said licence was renewed from time to time. On an application being made in this behalf by the appellant six more drugs were included in the licence by order of the Licensing Authority dated 25th January, 1975. One such item was Santonin and Calomel tablets or any brand name. According to the appellant before the order dated 28th January, 1975 was passed by, the Licensing Authority another application was made on 15th April, 1974 by the appellant stating that it had decided to manufacture Santopar brand name instead of Santonin and Calomel tablets and that the said product may be considered as one of the items of manufacture. It, however, appears from the list enclosed to the order dated 25th January, 1975 that the request made in the said application was not