RAJA SREE MEDICALS Vs. STATE ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India seeking Writ of Mandamus to declare the proceedings in Rc.No.485/AD/DCA/TPT/2020 dated 20.05.2020 issued by the 2nd respondent in ordering for cancellation of drug licence granted to the petitioner to sell, stock, exhibit or offer for sale or distribute drugs as illegal, arbitrary and contrary to the provisions of Drugs and Cosmetics Act, 1940 (for brevity "DC Act").

(2.) Heard M/s S.Parineeta, learned counsel for petitioner and the learned Government Pleader for Medical, Health and Family Welfare appearing on behalf of the respondents.

(3.) It is the case of the petitioner that the 2nd respondent granted drug licence to the petitioner and thereafter they have established a shop in the name and style of M/s Rajasree Medicals at D.No.27/58/1-4, MBT Road, Punganur Town, Chittoor District. Basing on the article published in Andhra Prabha newspaper that "prajala naddi virusthunna medical shopulu" on 05.05.2020 stating that all the medical shops in Punganur Town are making use of the present situation and selling the masks, sanitizers etc. at much higher price in utter violation of COVID-19 rules and causing difficulty to the general public. Later, when the petitioner approached the 3rd respondent and the Municipal Commissioner, Punganur regarding the said issue, they quarreled with the petitioner and spoke to him in a harsh manner and threatened that they would see that his drug licence will be cancelled. Then the 3rd respondent and the Commissioner submitted a false complaint on 07.05.2020 against the petitioner on all baseless allegations before the Sub Inspector of Police, Punganur Police Station and requested to take action against the petitioner. Basing on that F.I.R No.185 of 2020 was registered. Thereafter, the petitioner approached this Court by filing Crl.P.No.1927 of 2020 seeking to quash the F.I.R, wherein this Court granted interim direction by order dated 13.05.2020 and the quash petition is pending adjudication.