The Bombay High Court allowed the petition filed against the revocation of the Petitioner’s license by the Assistant Municipal Commissioner Food & Drugs Administration & Licensing Authority, Maharashtra State.
A single judge bench of this Court comprising Hon’ble Justice Milind N. Jadhav held that he Authority has given cursory findings in the impugned Order as they came to the conclusion that there is a discrepancy between the sale and purchase details given by the Petitioner but they failed to mention what discrepancy was found in the Order.
Brief Facts:
The Petitioner is carrying on a business of General Stores of Chemist and Drugs (Medial Store/Shop) since the last 17 years and holds a valid license since 2008. On 08.06.2018, Drug Inspector carried out inspection of the Petitioner’s store on the basis of which a Show Cause Notice was issued to the Petitioner under the Drugs and Cosmetics Act, 1940 and Rules, 1945 (“the said Act and Rules”) alleging that Petitioner had violated Sections 18(c) and Rules 65(2), 65(3)(1), 65(6), 65(4)(i), 65(4)(3), 65(4)(4), 65(4)(4)(ii) of the said Act.
After the reply filed by the Petitioner of the SCN, Respondent no. 1 hold that Petitioner had violated the conditions of the license and as per power vested under Rules 66(1) & 67 (h) of the said Act and Rules, Petitioner’s license was cancelled from 29.08.2018 onwards. Being aggrieved, Petitioner filed Appeal before the Appellate Authority, who by an Order dated 01.09.2018, granted a temporary stay to the Order of Respondent No.1. The Appeal came to be decided subsequently by Order dated 29.06.2022, wherein the Appeal was partly allowed, and the certificate of license was suspended for 90 days, starting from 09.01.2023 till 08.04.2023. Hence, the present petition was filed.
Contentions of the Petitioners:
The learned Counsel for the Petitioner submitted that the provisions or exceptions mentioned in the said Act and Rules were not considered before passing the impugned Order. Further, it was submitted that the Review Petition for review of order dated 29.06.2022 was still pending and is not decided finally and that the Petitioner was suffering because of the suspension of license since 09.01.2023 without any income.
Observations of the Court:
This Court noticed that the impugned order states that there is a discrepancy between the actual sale of medicines and drugs as vis-a-vis the Inspection Report prepared by the Drug Inspector, however, no details of any such discrepancies have been mentioned/given in the said order. On the basis of the observation, this Court accepted the contention of the learned Counsel for the Petitioner that the Authority has given cursory findings in the impugned Order. Further, it was held that if the Appellate Authority has to come to the conclusion that there is a discrepancy between the sale and purchase details given by the Petitioner and the Inspection Report prepared by the Drug Inspector, such discrepancy ought to have been mentioned and stated in the Order. It was seen that no such details were given.
The Petitioner has also filed an Affidavit dated 07.02.2023 wherein he has expressed remorse and tendered his unconditional apology for the inadvertent discrepancy found in the record by the Drug Inspector and noted in the Inspection Report. In view of the above observations and findings, the impugned Order dated 30.11.2022 was quashed and set aside forthwith, considering that the Petitioner has already suffered part of the sentence since 09.01.2023 till today.
The decision of the Court:
The Bombay High Court, allowing the petition, held that the Petitioner is entitled to conduct his business under the license granted by the Competent Authority.
Case Title: M/s. Lifeline Medical & General Stores Chemist and Drugs vs Assistant Municipal Commissioner and others
Coram: Hon’ble Justice Milind N. Jadhav
Case no.: WRIT PETITION NO. 700 OF 2023
Advocate for the Petitioner: Mr. Satish K. Kumbhar
Advocate for the Respondents: Mr. P.G. Sawant
Read Judgment @LatestLaws.com
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