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1985 Supreme(MP) 132

R.K.VERMA, P.D.MULYE
JAMITSINGH – Appellant
Versus
COLLECTOR AND LICENSING AUTHORITY UNDER DRUGS RULES, 1945 – Respondent


Advocates Appeared:
B.L.Pavecha, S.M.JAIN

MULYE, J.

( 1 ) THE petitioner, who has a wholesale and retail distribution shop of drugs, cosmetics and cutlery at Malwa Mill Chouraha in the name and style of Dilip Medical Stores, has filed this petition under Arts. 226 and 227 of the Constitution of India in the matter of the Drugs and Cosmetics Act, 1940 to quash the order of suspension of the petitioner's license, dated 1-3-83 passed by respondent No. 1 (Annexure-H) as also the order dated 5-8-83 passed by respondent No. 2 Annexure-K.

( 2 ) THE short facts giving rise to this petition, which are not in dispute may be stated, in brief, thus : The petitioner was granted license in Forms Nos. 20, 20b, 21 and 21-B bearing No. 402 from the respondent No. 1 under the provisions of the Drugs and Cosmetics Rules, 1945 framed under the Drugs and Cosmetics Act, 1940. On 7-8-82 at about 1 p. m. the Drug Inspectors came to the shop of the petitioner. But the petitioner at that time was not present in his shop though his brother Dilip Singh was present. The two Inspectors prepared an inspection note with regard to some irregularities found by them as per Annexure-E as follows : "the proprietor and the qualified salesman Shri Jamit Singh n








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