JPEE DRUGS Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioner firm which is engaged in the business of the manufacturing and supplying of the medicines to the government hospitals.

(2.) Short facts of the case are that the petitioner firm participated in NIT issued for supply of drugs to various government district hospitals in the State of Madhya Pradesh by Department of Public Health and Famil Familyy Welfare through M.P. Public Health Services Corporation Limited, Bhopal. Petitioner's bid was accepted for supply of drug Ascorbic Acid (Vitamin C C)) Tab IP 500 mg (tablet) and Ethambutol 400 mg (tablet). Petitioner entered into an agreement for supply of the drugs as per the tender document and thereafter th the petitioner supplied Ascorbic Acid (Batch No. JDT-8007) 8007) in the month of April and Ethambutol 400 mg (Batch (Batc No. JDT-8054) in May to various government hospitalsin the State of Madhya Pradesh. Later on Ascorbic scorbic Acid (Batch no. JDT - 8316 and JDT - 7741) were also supplied by the petitioner.

(3.) A show cause notice dtd. 23/9/2024 was issued to the petitioner firm seeking explanation that why the petitioner firm be not blacklisted on the ground that drugs rugs supplied by the petitioner firm were failed in quality test. Along with the show cause notice, test report was also forwarded to petitioner firm. As per the show cause notice, Ascorbic Acid supplied by the petitioner firm (Batch Batch No. JDT- JDT 8007, JDT- 8316, JDT-7741 7741) was found substandard as well as Ethambutol(Batch Ethambutol No. JDT-8054) was also failed in quality test. It is mentioned in the show cause notice that as per the tender document, in case any batch is found NSQ (not of standard quality) then particu particular product of the supplier will be blacklisted/debarred for not less than two years. Upon blacklisting/debarment of such three NSQ batches of one or more products under a tender, the supplier will be blacklisted for not less than three years. The petition petitioner er firm replied the show cause notice on 30/9/2024 after 05 PM and denied the allegation of supply of substandard drug and stated that due to improper storage condition and improper handling of the drugs, drugs failed in the quality test for which the manufacturer man and supplier cannot be held responsible. Hence, there was no fault on the part of the petitioner.