DEB KANTA ROY Vs. E S KRISHNAMURTY

JUDGEMENT

(1.) This writ petition was filed by Deb Kanta Roy, who carries on business under the name and style of D.K Roy and Company at Calcutta, praying that a suitable writ or direction or order may be issued quashing the orders dated 10th July 1958 and/or 28th April, 1959 passed by the Government of India, Ministry of Finance, New Delhi and directing that no effect be given to the said orders. The first respondent in the writ petition is E.S.Krishnamurthy Member, Central Board of Revenue. New Delhi and the second respondent is the Union of India.

(2.) The facts which led up to the filing of this writ petition are stated as under. Under a Drug Import Licence N. 3352, dated 22nd November, 2955 (Annexure A), issued by the Drugs Controller, India, New Delhi, in favour of the petitioner, the petitioner indented and imported into India a drug known as procaine pencilin, G Crystalline used for aqueous infection and described in the aforesaid Licence as "Jenacillin A" from East Germany. The said drug was manufactured by one Messrs Veb Jena, pharam, Jena East Germany. The said drug is listed under Schedules C and C1 drugs of the Drugs Rules, 1945, framed under the Drugs Act, 1940.

(3.) On 2nd April, 1956, two consignments of the said drug (described in the writ petition as goods), arrived at the Calcutta port. Before clearance of the goods, representative samples were drawn from the consignments in the presence of the petitioner's representative, and sent, through the said representative of the petitioner to the Assistant Drugs Controller in the Customs House duly sealed for verification whether the requisite provisions of the Drugs Act, 1940, and the Drags Rules, 1945, had been complied with. According to the respondents, on examination of the goods, it was found that the vials were individually packed in an outer carton which also container an aqueous diluent, and it was further found that the Jenacillin 'A' vials (containers) were not labelled with the Import Licence No. and with the proper name and composition. The diluents "aqua bidistillata" were also not labelled with the Import Licence No. or the Batch Nos., and the diluents were also not covered by the Import License.