FALCON LABORATORIES Vs. DIRECTOR DRUG CONTROL ADMINISTRATION

JUDGEMENT

(1.) The petitioner seeks declaration that there is no validity constituted licensing authority in A.P. from 1-2-1989 to 20-2-1990 and for further declaration that all the sanctions for prosecution accorded during the said period are illegal and void.

(2.) The petitioner is a manufacturer and distributor of drugs holding valid licence under the provisions of Drugs and Cosmetics Act, 1940. Among other drugs the petitioner has been manufacturing "FENOPRIN" S.S. tablets during February, 1989 to September, 1989. The drug authorities have seized certain samples of the tablets and found that they are not up to the prescribed standard. One Sri G.S.R.C.V. Prasad Rao, in-charge Director during the relevant period accorded sanction for prosecution of the petitioner. The said Mr. Prasad functioned in such capacity from 1-2-1989 to 20-2-1990. He cancelled the licence issued to the petitioner. Aggrieved by the said order the petitioner filed W.P. No.14777/89 and the same was allowed by the order dt.30-6-1991. In the present petition the petitioner is seeking the declaration that the said officer is not competent to accord sanction as he did not possess the requisite qualifications to act as Licensing Officer or Controlling Officer.

(3.) The learned Counsel for the petitioner - Sri K.V. Satyanarayana submits that Mr. Prasad, who was in-charge Director, Drug Control Administration was not qualified to be appointed as the Licensing Authority or Controlling Authority as he did not possess the requisite qualifications as prescribed under Rule 49-A and 50-A of the Drugs and Cosmetics Rules, 1945 and, therefore, he is incompetent either to cancel the license or accord sanction for prosecution of the petitioner for violation of the provisions of the Drugs and Cosmetics Act (for short the Act).