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2000 Supreme(All) 1558

B.K.ROY, A.K.YOG
D. K. JOSHI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
SABHAJEET YADAV, SUNEET KUMAR, U.N.Sharma


BINOD KUMAR ROY, A. K. YOG, JJ.

( 1 ) THE prayer of the petitioner is to command the respondents (i) to restrain the Chief Medical officers of this State to act as Licencing and Controlling Authority, who are not qualified under the Drugs and Cosmetic Rules, 1945, framed under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Rules and the Act respectively for the sake of brevity) ; (ii) to cancel the licences issued to such persons who are not qualified under the Rules after 12th April, 1989 ; and (iii) to award costs to him.

( 2 ) THE petitioner claims to be a social worker and having interest in the welfare of the public at large specially for those of the district Agra who arc being subjected to consumption of drugs distributed by such persons who are not authorised to distribute the same under the law ; he has no rivalry-direct or indirect-against the respondents nor is connected in any manner with them ; the Act contemplates to regulate the import, manufacture, distribution and sale of Drugs and cosmetics and for maintenance of their high standard and its main object is to prevent import, etc. of the sub-standard drugs and intends to eradicate such drugs ; in














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