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MILIND N. JADHAV
Lifeline Medical And General Stores Chemist And Drugs – Appellant
Versus
Assistant Municipal Commissioner Food And Drugs Administration And Licensing Authority, Maharashtra State – Respondent
JUDGMENT
Milind N. Jadhav, J. - By the present Writ Petition, the Petitioner has prayed for the following reliefs:-
'a. That this Hon'ble Court be pleased to issue writ of certiorari or any other appropriate writ, order or direction under article 227 of the Constitution of India, whereby this Hon'ble Court be pleased to quash and set aside the impugned Order dated 29/06/2022 passed by this Hon'ble Minister Appeal No. 435 of 2018, thereby the order dated 10/09/2019 passed by the Licensing Authority, partly allowed and suspended the Certificate of License for 90 days (from 09/01/2023 to 08/04/2023) instead of termination /cancellation.
c. The Impugned order dated 30/07/2018 passed by the Assistant Commissioner (Medicine) & Licensing Authority, Food and Drug Administration, Maharashtra State, Pen, Raigad, in Case No. Cancellation order /29 486-2018/2, under rule 66(1) & 67(h) (1) of Drugs & Cosmetics Act, 1940 and Rules 1945 thereunder as well as Show Cause Notice 18/07/2018 issued by the Assistant Commissioner (Medicine) & Licensing Authority, Food and Drug Administration, Maharash
The main legal point established is that authorities must consider the material furnished by a petitioner before passing suspension orders under the Drugs and Cosmetics Act.
The cancellation of a drug licence is invalid if the sampling procedure is not followed as mandated by law, and if the show cause notice lacks clarity regarding allegations.
The cancellation order must contain reasons for cancellation and cannot be supplemented by subsequent explanations. Mere institution of a criminal case against a person does not automatically disqual....
Administrative decisions regarding license cancellations must be reasoned and adhere to statutory provisions to avoid arbitrariness.
Arbitrary cancellation of licenses under the Drugs and Cosmetics Rules, initiated based on retaliatory complaints, lacks legal validity.
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