NORTH BIHAR AGENCY Vs. STATE OF BIHAR

JUDGEMENT

(1.) After hearing counsel for the parties we are satisfied that no proper opportunity was given to the appellants before their licences were cancelled. At any rate at the appellate stage additional material not furnished to them has been relied upon and clearly they had no opportunity to meet it. It is very clear to us that the appellate authority was greatly influenced by the fact that :

(2.) In the circumstances, both the impugned orders - initial order of the State's Drug Controller dated 23-8-1980 as well as the order of the Appellate Authority dated 30-10-1980 are set aside and we direct that the respondent should proceed afresh to deal with the appellants in the matter of cancellation of their licence after giving them proper opportunity and following the principles of natural justice.