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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Pankaj Bhatia,J.
Shree Shanker Medicals Thru. Proprietor Sachin Shanker Dixit – Appellant
Versus
State Of U.P. Thru. Secy. Deptt. Food Safety And Drug Administration Lko. – Respondent
| Table of Content |
|---|
| 1. licence cancellation (Para 2 , 3) |
| 2. sampling procedure violation (Para 4) |
| 3. lack of show cause notice (Para 5) |
| 4. mechanical exercise of power (Para 6) |
| 5. violation of constitutional rights (Para 7) |
| 6. inspection findings (Para 8) |
| 7. mandate of the act (Para 9 , 10 , 11 , 18) |
| 8. failure to follow procedure (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 9. orders quashed (Para 19 , 20 , 21) |
JUDGMENT :
Pankaj Bhatia, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The present petition has been filed challenging an order dated 12.06.2023, whereby the licence granted to the petitioner for retail sale of the drugs under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act) was cancelled as well as the appellate order dated 05.06.2024, whereby the appeal was dismissed. The petitioner has also challenged the show cause notice, which is contained in Annexure No.1 to the writ petition.
3. The facts, in brief, are that the petitioner was running a retail shop for sale of drugs and cosmetics after obtaining a licence on 09.11.2004, which permitted the retail sale of the medicines. The said licence was renewed subsequently
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.
Point of Law : For want of the inspection report before this Court, it cannot be presumed that the substance of the inspection report or the summary of the documents was furnished and that the summar....
Administrative decisions regarding license cancellations must be reasoned and adhere to statutory provisions to avoid arbitrariness.
Cancellation of drug licenses without serving show cause notice violates Rule 159 of Drugs and Cosmetics Rules, 1945 and natural justice principles, vitiating the order; fresh notice and hearing dire....
Non-compliance with statutory provisions and resignation of the accused from the company absolved him of liability, leading to the quashing of the proceedings.
Non-compliance with inspection procedures under the Drugs and Cosmetics Act, 1940 is not fatal for prosecution in cases involving allegations of spurious drugs.
Prosecution quashed for delay in sample testing beyond 60 days without extension under Rule 45 and failure to send sample to manufacturer under Section 23(4)(iii), depriving re-analysis right post sh....
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