Back
APARESH KUMAR SINGH
Vertex Pharmaceuticals, A Sole Proprietorship Unit Represented By Its Proprietor Sri Narayan Datta Gupta – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. nature of petition and cancellation of drug license. (Para 2 , 3) |
| 2. reliefs sought by the petitioner. (Para 4) |
| 3. petitioner's contention on legal process. (Para 5) |
| 4. court’s analysis and direction to quash order. (Para 6) |
| 5. conclusion of the writ petition. (Para 7) |
ORDER
Aparesh Kumar Singh, CJ. - Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. S.C. Sen and Mr. B. Paul, learned counsel appearing for the petitioner. Also heard Mr. Debalay Bhattacharya, learned Government Advocate appearing for the respondents.
2. This instant writ petition has been filed under Article 226 of the Constitution of India for setting aside the impugned order dated 10.03.2023 issued by the Deputy Drugs Controller (Licensing Authority) whereby the drug licence of the petitioner was cancelled.
3. The case of the petitioner, in brief, is that the petitioner is a licensee under the Drugs and Cosmetics Act, 1940 dealing with wholesale business of drugs since 1980 in terms of the license issued to him under Rule 64 of the Drugs and Cosmetics Rules, 1945. On 02.12.2022 when the petitioner was outside the State, the Inspecting Officer (Drugs), respondent No.3 herein, along with othe
Administrative decisions regarding license cancellations must be reasoned and adhere to statutory provisions to avoid arbitrariness.
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.
Arbitrary cancellation of licenses under the Drugs and Cosmetics Rules, initiated based on retaliatory complaints, lacks legal validity.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
