JUDGMENT

1. Through the medium of this petition filed under Article 226 of the Constitution of India, the petitioner- Naveed Medical Hall having been aggrieved of the restraint order issued by respondent-Drug and Food Organisation from conducting its business in its licenced premises, vide order dated 02.08.2023 seeks following reliefs:-

a) Quashing Notice No. DCO/Camp/001/2023 dated 02.08.2023 passed by respondent No.7- Drug Inspector, District Ramban by virtue of which he has disallowed the petitioner from operating the firm with immediate effect i.e 02.08.2023 and sealed the shop of the petitioner asking him to appear before it within 10 days to explain his position in writing as to why license granted in his favour may not be suspended/cancelled.

b) Commanding the respondents to de-seal the shop of the petitioner and allow him to continue the business of druggist without any hindrance.

c) Quashing Order No. BMO/Batote/421-24 dated 02.08.2023 passed by respondent No.5-Block Medical Officer, Batote on whose instructions, Drug Inspector has passed the order.

d) Restraining the respondents from causing any interference in the smooth running of the medical shop, except by adopting due course of law as provided under Section 22 of the Drugs and Cosmetics Act, 1940 and the procedure prescribed under Section 23 of the said Act and Drugs Rules, 1945.

2. The petitioner has pleaded that the order impugned passed by the Drug Inspector was without any authority and jurisdiction, as there is no provision under the Drugs and Cosmetics Act, 1940 ( for short ‘the Act of

1940’) to enter into the licenced premises and effect seizure of the shop.

3. The petitioner has contended in his petition that he is the proprietor of Naveed Medical Hall, Batote having been licensed by the Licensing Authority vide No. RIR/01/237 & RUR/01/236 dated 02.07.2012, which was renewed from time to time and is valid upto 1st July, 2027; that the petitioner has been running business of sale of medicine in the aforesaid medical hall since along and has been running the ethical trade practices by abiding the mandate of law/conditions of the licenses.

4. It has been alleged that the respondents have issued the order impugned dated 02.08.2023 restraining the firm from conducting business with immediate effect till further orders asking the petitioner to appear to explain his position in writing as to why his licence may not be suspended/cancelled; that the petitioner replied to the said notice dated 02.08.2023 and requested respondent No.7 to withdraw the impugned notice which was sent to him vide registered post on 09.08.2023; that the petitioner filed detailed reply to the notice dated 12.08.2023 issued by respondent No.4-Chief Medical Officer Ramban, denying that the petitioner was running a genetic counselling centre, laboratory or clinic in the above said shop and was doing the business of sale of medicines as provided under the Drugs and Cosmetics Act; that the petitioner has not violated the rules and regulations on his part and during investigation no violation has been found, as no machine or expertise available in his shop to support the allegations that ultrasound was being done in the said medical hall except that two beds were found adjacent to the shop; that the impugned orders are illegal and without jurisdiction, there being no provision under the Act of 1940 and the rules framed thereunder, wherein the Drug Inspectors have been empowered to seal the premises or shops and finally it was prayed that the impugned order be quashed with direction to the respondents to allow the petitioner’s firm to conduct its business in terms of the License for the sale of medicines.

5. Pursuant to notice, respondents 2 to 7 filed the objections to the petition asserting therein that a complaint filed by a women resident of Majalta, District Udhampur had been received from Grievance Cell of Hon’ble LG by CMO Ramban alleging that on 26.06.2023 when she was in a family way and had