INTUITIVE SOFTWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these writ petitions, the licensees have challenged the suspension of their licences issued under the Maharashtra Prevention of Food Adulteration Rules, 1962, hereinafter referred to as the "Rules", by the licensing authority and its confirmation by the appellate authority.

(2.) In Writ Petition Nos. 2195 of 2008, 2196 of 2008 and 2198 of 2008, admittedly, no show cause notices were issued to the licensees. The submission on behalf of the authorities is that show cause notice was issued to Subhiksha Trading Services Ltd., which is a sister concern of these three licensees and, therefore, it was not necessary to issue separate show cause notices to these licensees. Further, according to the respondents, since these licensees were operating from the same premises, show cause notices were not necessary. We are unable to accept this contention. The licensees are independent companies and Subhiksha Trading Services Limited & anr., to whom a specific show cause was issued is also an independent company like the licensees, and the licence applied for was granted in the name of each of these independent companies. The authorities cannot be heard to say that it was not necessary to issue a show cause notice independently to the licensees. There is also no merit in the contention since the same licensees were operating in the same premises, it was not necessary to issue a separate show cause notice. On this ground alone, we consider it appropriate to quash and set aside the impugned orders in Writ Petition Nos. 2195 of 2008, 2196 of 2008 and 2198 of 2008. We, accordingly, set aside the impugned orders. The authorities shall be at liberty to initiate fresh proceedings, in accordance with law.

(3.) Coming to Writ Petition No. 2197 of 2008, the petitioner is a company holding a licence under the Food & Drugs Act. The show cause notice alleged breach of certain conditions of the licence issued to the petitioners. After considering the reply to the show cause notice, the licensing authority i.e. the Asstt. Commissioner suspended the licence for a period often days. The petitioners carried the matter in appeal to the Commissioner. The Commissioner has enhanced the period of suspension from 10 days to 20 days.