Jharkhand High Court
Sunil Kumar Agarwal vs The State Of Jharkhand Through The ... on 2 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 119 of 2023
Sunil Kumar Agarwal ... ... ... Appellant
Versus
1. The State of Jharkhand through the Secretary, Government of
Jharkhand, Health and Family Welfare Department, State of
Jharkhand, Ranchi.
2. The Additional Chief Secretary, Health Medical, Education &
Family Welfare Department cum Appellate Authority (Drug and
Cosmetic), Ranchi
3. The Director (Drug), Directorate of State Drug Control, Ranchi
4. The Drug Inspector, East Singhbhum, Jamshedpur.
... ... ... Respondents
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CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
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For the Appellant: Mr. Akhilesh Kumar Srivastava, Advocate
Mr. Rohit Sinha, Advocate
For the State: Mrs. Vandana Singh, Sr. S.C.-III
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03/Dated: 02.05.2023
Upon hearing the learned counsel for the parties, this Court
passed the following, (Per, Sanjaya Kumar Mishra, C.J.)
ORDER
1. By filing this Letters Patent Appeal, the appellant has assailed
the order passed by the learned Single Judge in W.P. (C) No. 2355 of
2022 on 23.01.2023 whereby, the writ petition was allowed in part.
The appellate order, passed by the appellate authority was set aside
and the matter was remitted back to the appellate authority for
reconsideration of the matter.
2. After hearing elaborate argument from both the sides, the Court
is of the opinion that the case is essentially based on only one
question of fact, whether certain drugs Simplex C+ was sold by the
appellant without any cash memo/invoice of sale. This is a question of
fact, which can appropriately be decided by the appellate authority. It
is also a settled principle of law that the High Court in exercise of
jurisdiction under Article 226 of the Constitution of India for issuance
of writ of certiorari, do not generally enter into simple question of facts.
3. In that view of the matter, we find no merit in the Letters Patent
Appeal whereby, the order of the learned Single Judge has been
challenged remanding the matter to the appellate authority for
reconsideration of the case.
4. Hence, we dispose of the Letters Patent Appeal with the
observation that the writ petitioner and the representative of the State
shall appear before the appellate authority on 12th of May, 2023 and
produce the certified copy of this order. On such event, the matter
shall be heard and disposed of within 30 days. The learned appellate
authority shall consider and decide the issue of fact regarding sale of
the Schedule 'H' drug without proper documentation and if such drugs
has been sold without proper documentation i.e. by issuing proper
cash credit memo or sale of invoice, then whether it constitutes a
violation of the terms and conditions of the license and accordingly,
disposed of the appeal by passing a reasoned and speaking order
within the stipulated time, as indicated above.
5. We further direct that the appellate authority shall not be
influenced by any observation made by us in this Letters Patent
Appeal or by the observations made by the learned Single Judge in
the judgment impugned.
6. There shall be no orders as to costs.
7. Pending application, if any, stands disposed of.
8. Grant urgent certified copy of this order as per the Rules.
(Sanjaya Kumar Mishra, C.J.)
(Ananda Sen, J.)
APK/VK
