KOLAMBIL HAMZA HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petitioner is the appellant. The appeal is filed challenging the judgment dated 15.06.2020 of the learned single Judge in W.P.(C) No. 34464 of 2019, whereby the learned Single Judge refused to interfere with the action taken by the Drugs Controller cancelling the drug licence issued to the appellant under the Drugs and Cosmetics Act, 1940 ('the Act, 1940' for short) and the Drugs and Cosmetics Rules 1945 ('the Rules 1945' for short), and the order passed by the State Government in appeal against the order of the authority under the aforesaid Act and the Rules.

(2.) Brief material facts for the disposal of the appeal are as follows:

(3.) The learned Single Judge, on the challenge made by the appellant to Ext.P6 order passed by the Drugs Controller dated 03.06.20149 and the Government Order specified above, dismissed the writ petition basically holding that the appellant could not substantiate the contentions raised in the objections to the show cause notice and it was after providing sufficient opportunity of hearing and taking into account the contentions raised by the appellant, the authority has taken a decision to cancel the licence of the appellant. The case projected by the appellant with respect to the non-compliance of Rule 66 of the Rules, 1945 was also considered by the learned Single Judge and has held that the appellant is not entitled to get the benefit of the proviso contained to Rule 66(1), since the appellant has failed to prove that, on previous occasions also, the appellant was not liable for violating the licence conditions.