Bombay High Court
Shri. Santosh S/O. Ratanlal Shahu vs The State Of Maha., Thr. Honorable ... on 13 January, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.164 OF 2021
Santosh s/o Ratanlal Shahu,
Aged about 51 years, Occ: Business,
Proprietor M/s. Shahu Medical Stores,
Shop No.12, Corporation Chawl,
Gaddigodam Square, Police Station Road,
Nagpur- 440 001 (M.S.)
...PETITIONER
...V E R S U S...
1) The State of Maharashtra
Through Honorable Minster,
Food and Drugs Administration,
Mantralaya, Mumbai - 400 032.
2) The Assistant Commissioner,
Food and Drugs Administration,
Nagpur Circle, New Administration
Building, Building no.2, 5th Floor,
B Wing, Civil Lines, Nagpur- 440 001.
...RESPONDENTS
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Shri S.R. Gupta, Advocate for petitioner.
Shri K.L. Dharmadhikari, AGP for respondents.
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CORAM:- V. M. DESHPANDE, J.
DATED :- JANUARY 13, 2021.
ORAL JUDGMENT
Rule. Rule is made returnable forthwith.
(2) Heard Shri S.R. Gupta, learned counsel for petitioner
and Shri K.L. Dharmadhikari, learned Assistant Government
Pleader for respondents.
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(3) In this writ petition, the petitioner is challenging the
order dated 21.12.2020 passed passed by the respondent No.1
suspending the license of the petitioner for a period of 45 days.
(4) This writ petition was listed before this Court on
09.01.2021. This Court found that upon inspection by the
Authority serious discrepancies were found and out of that two
were of very serious in nature. This Court directed on the said
date to the learned Assistant Government Pleader to take
instructions and make a statement as to whether in the locality
where the petitioner's medical shop is situated, whether it is the
only shop or there are other medical shops.
(5) In pursuance to the said order, today Shri
Dharmadhikari, learned Assistant Government Pleader, on the
written instructions given to him submitted that in the vicinity of
M/s. Shahu Medical Stores, Gaddigodam Square, Nagpur there
are 6 other medical shops. Obviously, these directions were given
by the Hon'ble Judge to see that there should not be any
inconvenience to the public, if the medical shop is closed and if it
is only shop in the locality.
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(6) The learned counsel for the petitioner is also not
disputing the statement of the learned Assistant Government
Pleader that there are 6 other medical shops situated in the
vicinity where the petitioner's shop is situated.
(7) One of the serious charge against the petitioner was
that he was found to be giving medicines without prescription
from the doctor and outdated medicines were not kept properly,
which were found to be very serous by this Court on 09.01.2021.
(8) Learned counsel for the petitioner submitted that the
some leniency be shown in fovour of the petitioner and instead of
45 days the license be suspended for lessor period. I am not
prepared to accept this submission because the petitioner was
found to be committing a very serious lapses by giving medicines
without thereby prescription like alprazolam tables and for that
even invoices were not issued.
(9) It is not the case of the petitioner before this Court that
there is any breach of principles of natural justice.
(10) Proper opportunity of hearing was given to the
petitioner by issuing show-cause notice. The said show-cause
notice was replied and thereafter the suspension order of license
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was passed by Licensing Authority, which was appealed before the
Hon'ble Minister. In appeal, after giving opportunity of personal
hearing the Hon'ble Minister has passed order thereby confirmed
the suspension of license for 45 days. Looking to the seriousness
of the matter and the petitioner who runs a medical shop is having
great responsibility during this pandemic situation, it was
expected from the petitioner to run the shop as per license
conditions. Since, petitioner has admitted candidly the mistake
and lenient view is already taken by the Hon'ble Minister, I am of
the view, this is not a case wherein this Court should interfere
with the order. Hence, writ petition is dismissed. No order as to
costs.
Rule is discharged.
JUDGE
Wagh
