JAISWAL MEDICAL STORES Vs. ASSISTANT DRUGS CONTROLLER

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India wherein the petitioner prays that (1) a writ of certiorari be issued quashing the order dated December 26, 1958, made by the Assistant Drugs Controller, respondent No. 1 hereto, and quashing the appellate order dated April 27, 1959, marie by the State of Bombay, respondent No. 2 hereto; (2) a writ of mandamus directing the respondents to renew the licences of the petitioner and (3) any other suitable writ or order.

(2.) IT is not in dispute that since about the year 1952 the petitioner has been granted licences in Forms 20 and 21 under the Drugs Act, 1940, to sell, stock or exhibit for sale or distribute drugs by retail other than those specified in 'Schedules C and C(1), as well as those mentioned in Schedules C and C(1). In other words, the petitioner has been granted licences to sell, stock or exhibit for sale or distribute drugs which are both biological and special products as well as those which are not biological and special products. It is not in dispute that these licences are to be renewed every two years. The last licence granted to the petitioner in Form 21 was on November 25, 1955, and the last licence issued to the petitioner in Form 20 was on August 20, 1956. On November 24, 1957, the petitioner made an application to respondent No. 1 for the renewal of the licence in Form 21, Subsequent to the date of this application, respondent No. 1 paid an inspection visit to the shop of the petitioner on January 21, 1958. lie then by his letter (Annexure I) dated February 14, 1958, pointed out various defaults noticed by him in the inspection, one of the things noted by him was that the refrigerator in the shop was out of order arid that the petitioner had not provided necessary cold storage facilities for the drugs requiring cold storage, many liver extract injectible preparations requiring cold storage were kept outside in day temperature. By this letter respondent No. 1 further pointed out that in view of the various things found by him it will not be in the public interest and in the interest of public health to grant to the petitioner a licence to stock and sell drugs. Respondent No. 1 further called upon the petitioner to explain and show cause why the application made by him on November 24, 1957, should not be rejected and why licence in Form 20 which at that time was in force should not be cancelled.

(3.) IT will be pertinent to note that in this letter it was also observed that the refrigerator has still remained unrepaired, there was no ice in the ice box and drugs like 'Whooping Cough Vaccine and Liver Extract Injections requiring cold storage were lying in a room in ordinary temperature. The petitioner by his letter dated November 3, 1958, submitted his explanation with regard to the various points raised by respondent No. 1. Regarding the refrigerator, the explanation given by the petitioner was that it was out of order and could not be repaired and that the petitioner was unable to get a new refrigerator in the market either in Nagpur or in Bombay. As regards the ice box, the explanation given was that ice in the ice box had melted just before the time the officer came for inspection. It was, however, promised that ice would be continuously kept in the ice box and thus cold storage secured for the medicines requiring cold storage. The petitioner's premises were again inspected on December 11, 1958, and again certain defects were noticed by respondent No. 1, one of them being that there was no ice in the ice box and certain drugs requiring cold -storage were kept at ordinary room temperature. Respondent No. 1 by his order made on December 26, 1958, in the interest of public health, rejected all the four applications of the petitioner, i.e. applications for renewal of licences in Forms 20 and 21 and applications for the grant of fresh licences in Forms. 20B and 21B). Material part of the order reads as follows: Now, therefore, I, S.E. Telang, Assistant Drugs Controller, Nagpur, in exercise of the powers delegated to me by Rule 60 of the Drugs Rules, 1945, hereby order that for the reasons mentioned in this office letter No. ADCN/sI/L -830 of, 1958, dated 23/24 -10 -195S, the said applications for licences to stock and sell drugs are rejected. The petitioner took an appeal from the said order of respondent No. 1 to the: State Government which was dismissed by it, vide order dated April 27, 1959... The petitioner has, therefore, preferred this petition seeking the reliefs mentioned above.