Jharkhand High Court
Sunil Kumar Agarwal vs The State Of Jharkhand on 24 May, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 2236 of 2020
..........
Sunil Kumar Agarwal ............Petitioner
Versus
1. The State of Jharkhand
2. The Additional Chief Secretary, Health Medical, Education & Family Welfare
Department cum Appellate Authority (Drug and Cosmetic), Namkum, Ranchi.
3. The Director (Drug), Directorate of State Drug Control, Namkum, Ranchi.
4.The Drug Inspector, East Singhbhum, Jamshedpur.
....... Respondents
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through:- Video Conferencing)
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For the Petitioner : Mr. Rohit Sinha, Advocate
For the Respondent : Mr. Akhilesh Shrivastava, Advocate
Mr. Manoj Kumar, G.A.-III
07/Dated: 24/05/2021
Heard, learned counsel for the parties.
Learned counsel for the petitioner has submitted that this writ petition has
been filed for quashing the impugned letter dated 07.07.2020 passed by the
Director (Drugs), State Drug Control Directorate, Ranchi, cancelling the
licence of the petitioner [Drug License Nos. JM 1- 106669 & JM 1106670,
Forms 20B & 21B (issued on 15/05/2012, renewed on 15.05.2017 valid up to
14/05/2022].
Learned counsel for the petitioner has further submitted that though under
Section 66(2) of the Drugs and Cosmetic Rules, 1945, the appeal is to be
preferred within a period of three months before the competent appellate
authority/ State Government/ Principal Secretary, Health and Family Welfare
Department, Government of Jharkhand but the Writ Petition is maintainable
even though there is alternative remedy under the law. The counter-affidavit,
supplementary counter affidavit and other documents have been brought on
record.
Learned counsel for the petitioner has further submitted that Hon'ble High
Court of Judicature at Patna, in the case of Universal Drug House Pvt. Ltd.
vs. State of Bihar and Others, reported in AIR 2004 Pat 86 has already
restored the licence of such defaulter, who has committed illegality in dealing
with one drug, which was not authorized by the drug licnecing authority, as
such, complete cancellation of licnece by the authority has been set aside by
the Hon'ble High Court of Judicature at Patna, as such, this judgment may also
be considered.
Learned counsel for the petitioner has further submitted that appeal is
maintainable under Section 66(2) of the Drug and Cosmetic Rules, 1945 and
petitioner is also ready to prefer an appeal, but since the time has already been
elapsed, as such, delay in preferring the appeal may be condoned if this Court
directs the petitioner to prefer an appeal before the competent authority.
Learned counsel, Mr. Manoj Kumar, GA-III has no objection.
Considering the same, the writ petition is disposed of, with a direction to
the petitioner to prefer an appeal under Section 66(2) of the Drug and
Cosmetic Rules, 1945, with application for condonation of delay as the
petitioner has preferred writ petition before this Court without preferring the
appeal provided under Section 66(2) of the Drug and Cosmetic Rules, 1945
and if such petition is filed the appellate authority / State Government/
Principal Secretary, Health and Family Welfare Department, Government of
Jharkhand shall look into the matter on merits and will also take note of all the
judgments relied upon by the parties.
It is expected that the concerned authority shall pass necessary order
within a period of three months from the date of filing of the appeal, though
there is lockdown because of the Covid-19, but since the livelihood of the
petitioner is jeopardized and at stake because of such pendency of the
litigation, as such, this Court also directs the Health Secretary, Government of
Jharkhand to look into the matter so that appeal preferred by the petitioner
may be disposed of within a period of three months from the date of filing of
the appeal.
Petitioner shall file an appeal before the appellate authority within a period
of 30 days from today.
Accordingly, the instant writ petition is hereby disposed of.
(Kailash Prasad Deo, J.)
R.S.-
