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1973 Supreme(MP) 30

SHIV DAYAL, S.M.N.RAINA
AGARWAL MEDICAL AND GENERAL STORES – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
K.N.AGRAWAL, KUMARI KANTI RAO, M.V.TAMSKAR, O.P.NAMDEO, R.S.DABIR

SHIV DAYAL, J.

( 1 ) THIS is a petition under Article 226 of the Constitution for an order to quash cancellation of the petitioner's four licences under the Drugs and Cosmetics Act, 1940, and for restoration of the petitioner's stock seized by the Collector.

( 2 ) THE petitioner held four licences in Forms 21, 21-B, 20 and 20-B (that is, to sell, stock or exhibit for sale, or distribute by retail drugs specified in Schedules C and c (1), and also drugs other than those specified in Schedules C and C (1)respectively) under Rules 61 (1) and 61 (2) of the Drugs and Cosmetics Rules, 1945, (hereinafter called the Rules) framed under the Drugs and Cosmetics Act, 1940, (hereinafter called the Act ). These licences were subject to the conditions enumerated in them.

( 3 ) SECTION 18 of the Act prohibits sale, etc. , of any drug or cosmetic, except under and in accordance with the conditions of a licence issued for such purpose by the licensing authority. Under Rule 59 of the said Rules, the Collector is the licensing authority.

( 4 ) THE licensing authority is empowered under Rule 66 (1) of the Rules to cancel a licence, after giving the licensee an opportunity to show cause why such an ord







































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