VERTEX PHARMACEUTICALS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. S.C. Sen and Mr. B. Paul, learned counsel appearing for the petitioner. Also heard Mr. Debalay Bhattacharya, learned Government Advocate appearing for the respondents.

(2.) This instant writ petition has been filed under Article 226 of the Constitution of India for setting aside the impugned order dtd. 10/3/2023 issued by the Deputy Drugs Controller (Licensing Authority) whereby the drug licence of the petitioner was cancelled.

(3.) The case of the petitioner, in brief, is that the petitioner is a licensee under the Drugs and Cosmetics Act, 1940 dealing with wholesale business of drugs since 1980 in terms of the license issued to him under Rule 64 of the Drugs and Cosmetics Rules, 1945. On 2/12/2022 when the petitioner was outside the State, the Inspecting Officer (Drugs), respondent No.3 herein, along with other officials visited the shop premises of the petitioner and seized some medicines alleging that the same were stored without any valid license. Thereafter, on 20/12/2022 notice was issued to the petitioner for production of documents which the petitioner produced in due compliance. Subsequently, the Deputy Drugs Controller, respondent No.2 herein, being the Licensing Authority issued show-cause notice to the petitioner vide memorandum dtd. 3/2/2023 asking him to give explanation as to why his license shall not be cancelled for violation of Drugs and Cosmetics Rules. Petitioner replied to the show-cause notice on 10/2/2023 giving his explanation. But the respondent No.2 without considering the facts and relevant provision of the Rules cancelled the licence of the petitioner vide order dtd. 10/3/2023. Aggrieved thereby, the petitioner has approached this Court by filing this writ petition. Hence, this case.