PUSHPENDRA MEDICAL STORES Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 2nd June, 2003 passed by the District Medicine Licensing Authority, deoria, for obtaining appropriate order with regard to renewal of petitioner's drug licence for the retail shop.

(2.) PREVIOUSLY, a writ petition was filed before this Court, being Civil Misc. Writ petition No. 6352 of 2003, whereunder a Division bench of this Court was pleased to pass an order on 11th February, 2003 directing the authority to consider the case of the petitioner and pass a reasoned order within the time specified thereunder. Pursuant to such direction, the order impugned has been passed. No counter affidavit has been filed by the State in spite of direction given by this Court in the year 2004.

(3.) THE petitioner's case is that his drug licence for carrying on retail shop was renewed up to 31st December, 2001 and on account of death of his father an application for further renewal was made on 28th january, 2002. Although, the necessary challan form was given to the respondent no. 3, who had to make appropriate endorsement thereon and then returned it to the petitioner for making requisite deposit, yet the same was not done and it was kept pending by the respondent No. 3 with him to harass the petitioner. Against this background, when the direction aforesaid was given by the Court to consider the case and pass a reasoned order, the impugned order has been made but without assigning any reason. Since the amount has not been deposited, the consideration was not made. In this context, we have gone through the drugs and Cosmetics Act, 1940 with regard to grant of such licence under the Act. However, the position is not clear whether the same is required for a retailer. Then we wanted to go through the Drugs and Cosmetics Rules, 1945 (for short 'the Rules') and found that under Rule 61 (1) and (2) of the rules, licence under Form 20b and 21b is required to be issued for sale of drugs by a retailer and necessary steps are required to be taken under Rule 63 of the Rules, which reads as under: