Delhi High Court
Danish Khattar vs Ministry Of Health And Family ... on 25 March, 2021
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 25th March, 2021
+ W.P.(C) 3974/2021
DANISH KHATTAR ..... Petitioner
Through: Petitioner in person.
versus
MINISTRY OF HEALTH AND FAMILY WELFARE THROUGH:
ITS JOINT SECRETARY SHRI ALOK SAXENA & ORS.
..... Respondents
Through: Mr. Chetan Sharma, ASG with
Mr.Apoorv Kurup, Ms. Nidhi Mittal, Mr. Amit
Gupta, Mr.Vinay Yadav, Mr.Akshay Gadeock,
Mr.Sahaj Garg and Mr.R.Venkat Prabhat, Advs.
for R-1.
Mr. T. Singhdev, Mr. Tarun Verma, Ms. Michelle
B Das, Ms. Sumangla Swami and Mr. Abhijit
Chakravarty, Advs. for R-2.
Mr. Anupam Srivastava, ASC for GNCTD with
Mr. Vaibhav Oberoi, Adv. for R-3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JASMEET SINGH
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
CM APPL. 12022/2021 (exemptions)
Allowed, subject to all just exceptions. The application is disposed of.
Signature Not Verified
Digitally Signed
By:AMIT ARORA
Signing Date:09.04.2021
16:40:42
W.P.(C) 3974/2021& CM APPL. 12021/2021
1. This so called public interest litigation has been preferred with the
following prayers:-
"a) Issue appropriate writ, order or direction in the nature of
mandamus or any other appropriate writ or direction to
the Respondents to frame rules/ guidelines relating to
prohibition on sale of loose medicines by the doctors.
b) Issue appropriate writ, order or direction in the nature of
prohibition or any other appropriate writ or direction to
restrain practice of loose medicines provided by the
doctors.
c) To pass any order or further orders this Hon'ble court
deems fit on the basis of above mentioned facts and
circumstances of the case."
2. Having heard the petitioner in person and learned counsel for
respondent No.2 it appears that this petitioner has not pointed out any
violation committed by a specific person or by a specific institution. It is
submitted by learned counsel for the respondents that as and when such
violation is pointed out to the respondents they will initiate appropriate
action in accordance with law.
3. In this writ petition no private party is joined as a party respondent
who has committed violation of Drugs & Cosmetics Rules, 1945 particularly
Schedule A thereof as pointed out in page 79 - Annexure 9. There are
Signature Not Verified
Digitally Signed
By:AMIT ARORA
Signing Date:09.04.2021
16:40:42
already provisions contained under the Drugs & Cosmetics Act and the
Rules enacted there under for the grievances ventilated in this petition. Now
the only question left out is to bring to the notice of respondents about the
violation by specific person so that action can be initiated in accordance
with law against that person.
4. In view of the above, there is no substance in this writ petition.
Nonetheless, liberty is reserved with this petitioner to file appropriate
proceedings before appropriate forum by pointing out specific violation of
the Drugs & Cosmetics Act and the Rules laid there under by a particular
person. As and when such type of allegations and averments are made
against a particular person, this Court can always pass requisite directions.
Hence, this writ petition along with the pending applications is hereby
dismissed with reserving aforesaid liberty to the petitioner.
CHIEF JUSTICE
JASMEET SINGH, J
MARCH 25, 2021
'sr'
Signature Not Verified
Digitally Signed
By:AMIT ARORA
Signing Date:09.04.2021
16:40:42
