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JAMMU AND KASHMIR HIGH COURT
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Balwant Rai v. State of J. and K. and Another
| Table of Content |
|---|
| 1. challenge to drug seizure (Para 1) |
| 2. arguments for and against the licensing requirement (Para 3 , 4) |
| 3. analysis of the relevant laws and public interest implications (Para 5 , 6 , 9) |
| 4. court's reasoning on licensing for practitioners (Para 8) |
| 5. final judgment issued (Para 10) |
1. Petitioner a vaid by profession duly registered under S. 16 of the J. and K. Ayurvedic and Unani Practitioners Act (XXVI of 1959), for short hereinafter called the Act of 1959 under No. 125 on 8-2-1972 at Jammu. He is aggrieved by the action of respondent No. 2 in seizing certain drugs on November 15, 1977, from his premises at Gole Market Gandhi Nagar, Jammu. Petitioner, therefore, prays in this writ petition under Art. 226 of Constitution of India . read with S.103 of the State Constitution for the quashment of seizure with a further prayer for the issuance of a writ of prohibition against respondent No. 1 and its officers restraining them from any such action under the provisions of Drugs and Cosmetics Act and the Rules framed thereunder.
2. The petitioner is resisted by the respondents though they have not filed their counter, however, learned Additional Advocate - General, placed rel
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