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2011 Supreme(P&H) 1532

K.KANNAN
Garg Medical Hall – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Sherry K. Singla, Advocate, for the petitioner.
Mr. Arvind Mittal, Additional Advocate General, Punjab, for the respondents.

JUDGMENT

K. Kannan, J.

1. The petitioner, who is a licensed Pharmacist is before this Court, challenging the order cancelling his licence. This action follows three episodes of surprise checks made at the petitioner's shop. The first inspection was conducted on 05.06.2006, for which, a show cause notice was issued on 17.10.2006; the second inspection on 10.05.2007 in respect of which, show cause notice was issued on 29.01.2008; and the third inspection had made on 02.12.2008, for which, a show cause notice was issued on 08.04.2009. After the first inspection, the show cause notice recorded an observation that the petitioner was unable to produce the purchase bills of several medicines and that the bill books were not correct. In respect of the second inspection which was surprise inspection made on 10.05.2007, the show cause notice sought to elicit how the petitioner was keeping 9 types of narcotic drugs that had been seized at the time of inspection without appropriate purchase bills for the same. The contention by the State was that there had been no reply, though the petitioner contended that a reply had been given on 28.02.2008. This, it is stated by the counsel for the State to






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