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2019 Supreme(Ker) 80

SHAJI P.CHALY
M. P. Naseema – Appellant
Versus
The Ayurveda Siddha & Unani (Asu) Drugs Controller (Ism) & Licensing Authority – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Deepak
For the Respondent: Sri. M.R. Sabu, Senior Government Pleader

JUDGMENT :

This writ petition is filed by the petitioner seeking the following reliefs:

“(i) Declare that the search and seizure of the drugs detailed in the Table inserted in paragraph 4 of the writ petition, manufactured for sale under Ext.P1 licence, is ultra vires Section 8 of the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 read with Rule 3 of the Drugs and Magical Remedies (Objectionable Advertisements)Rules, 1955;

(ii) Issue a writ in the nature of certiorari or such other writ order or direction calling for the records leading to Exhibits P2 to P5 'mahassers' and eight like other 'mahassers' prepared consequent to the search and seizure detailed in the Table inserted in paragraph 4 of the writ petition; and

(iii) Issue a writ in the nature of mandamus or such other writ order or direction commanding the 2nd respondent to issue appropriate directions to the officers under him to forthwith return to the petitioner the entire stock of drugs seized from the several distributors detailed in the Table inserted in paragraph 4 of the writ petition.”

2. Brief material facts for the disposal of the writ petition are as follows:

3. Petitioner is the proprietrix of a u





















































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