SANJIB BHATTACHARYA Vs. STATE OF W B

JUDGEMENT

(1.) The petitioner is a Registered Pharmacist. Such, registration was obtained on October 30,1977 from the West Bengal Pharmacists Council.

(2.) The petitioner runs a medical store to sell or distribute retail drugs other than those specified in Schedule'C' and'C-1' of the Drug Rules, 1945. The petitioner in this writ petition has alleged high handed action on the part of the respondent authorities in particular respondent No. 7 being one Mr. Subhas Chandra Bera, Senior Inspector of Drugs under the Directorate of Drugs Control, District Drug Control Office, Nadia. It is the petitioner's case that he has been carrying on with his business without any problems right from inception. Another rival shop after having opened in the locality lodged a complaint against him in May, 2002 before the concerned Police Station. It is contended on behalf of the petitioner that the said Drug Inspector has been visiting his shop room from time to time and has been demanding money. The Association of Bengal Pharmacists and Druggists have also intimated the concerned authorities about the said fact.

(3.) On July 16, 2002, the said Drug Inspector issued a Form 35 asking the petitionerto produce certificate, challans, purchase orders, cash memos and prescribed registration etc. on various dates in support of buying and selling of medicines. It is submitted on behalf of the petitioner that in spite of production of all documents as mentioned in the said Form 35 the said Inspector threatened the petitioner and went on demanding money. Again on July 19, 2002, another Form 35 was issued for production of documents, which were already produced in terms of the earlier Form 35.