M/S Anand Medi Hub vs Drugs Controller Cum Licensing ...
2023 Latest Caselaw 14842 P&H

                                                                                    2023:PHHC:114626

                               In the High Court for the States of Punjab and Haryana
                                                At Chandigarh


                                                                     CWP-19341-2023 (O&M)
                                                                     Date of Decision:-01.09.2023


                 M/s Anand Medi Hub                                                 ... Petitioner

                                                     Versus

                 Drugs Controller Cum Licensing Authority Cum Principal
                 Medical Officer and others

                                                                               . . . Respondents



                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-        Mr. Nitin Bhasin, Advocate, for the petitioner.

                                                     *****

GURVINDER SINGH GILL, J.(Oral)

1. The petitioner seeks issuance of a writ in the nature of Certiorari or

Mandamus for setting aside the impugned order dated 18.8.2023 (Annexure

P-4) passed by respondent No.1 whereby the licence issued to the petitioner

under Drugs and Cosmetics Act, 1940 has been suspended for a period of 15

days i.e. w.e.f. 01.09.2023 to 15.09.2023 and it has been directed that the

petitioner shall not make any sale or purchase of drugs during the said period.

2. Learned counsel for the petitioner cites Bhagwan Singh Vs. State of Punjab

(1999) 9 SCC 573, Punjab Chemists Association Vs. State of Punjab, 1990

SCC Online P&H 978, D.K.Joshi Vs. State of U.P. 2000 SCC Online All

1053, Falcon Laboratories Vs. Director and Drug Control Administration

1995 SCC Online AP 754 to contend that the impugned order is illegal and

against the rules and the procedure prescribed and deserves to be set aside. MOHAN SINGH 2023.09.01 19:22 I attest to the accuracy and authenticity of this order/judgment CWP-19341-2023 (O&M) (2) 2023:PHHC:114626

3. It is not disputed that the petitioner has already preferred the statutory appeal

(Annexure P-5) which is still pending before the Health Secretary, wherein a

prayer for stay of operation of the impugned order has already been made.

Learned counsel submits that although he had filed the said appeal on

25.8.2023, but no order has been passed thereupon till date.

4. Having heard the learned counsel for the petitioner and while noticing that the

statutory appeal is still pending, the instant petition is disposed off with a

direction to respondent No.2-Secretary, Department of Health & Family

Welfare, Chandigarh Administration, to dispose of the appeal (Annexure P-5)

expeditiously. In case, for any reason respondent No.2 is unable to decide the

appeal expeditiously, then it be ensured that the stay application be disposed

of at the earliest, preferably by 06.09.2023.

                 01.09.2023                                       ( GURVINDER SINGH GILL )
                 mohan                                                     JUDGE


                               Whether speaking /reasoned          Yes / No

                               Whether Reportable                  Yes / No




MOHAN SINGH
2023.09.01 19:22
I attest to the accuracy and
authenticity of this
order/judgment