MANSA MEDICOS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short point raised in this petition filed under Articles 226 and 227 of the Constitution of India, turns on the question, whether the order passed by the Secretary, Health and Family, Punjab, exercising the powers of the Appellate Authority, Chandigarh, on 24.7.2009 (Annexure P-7), on a review application moved by the State Drugs Controller-cum-Licensing Authority, Punjab, is wholly without jurisdiction, inasmuch as the Drugs and Cosmetics Act, 1940 (for short "the Act") and the Rules framed there-under do not contain any statutory provision for review.

(2.) A little backdrop leading to passing of the order, Annexure P-7, sought to be quashed by the petitioner-firm, M/s Mansa Medicos, Mansa, must be noticed first. The petitioner-firm is a retailer as well as the whole-seller. The firm is holder of the licences issued under the Act and, thus, is competent to sell, stock or exhibit for sale, or distribute the drugs specified in Schedules C, C(I), and H, excluding those specified in Schedule X of the Drugs and Cosmetics Rules, 1945 (for short "the Rules"), at the designated and licensed premises. The State Drugs Controller-cum-Licensing Authority, Punjab, in exercise of powers conferred on it under Rule 66(1) of the Rules, cancelled the licences of the petitioner, both of retail as well as the whole-seller, vide order dated 22.8.2008 (Annexure P-1). The petitioner, as provided under Rule 66(2) of the Rules, preferred appeal against the order, Annexure P-1, before the Secretary, Health and Family Welfare, Punjab (respondent No. l). Along with the appeal, the petitioner appended various documents and synopsis to show that the medicines seized by respondent No. 3, during the course of inspection were purchased by it against valid purchase bills. The details of the sale record relevant in the context were also furnished by the petitioner. To facilitate the matter, the petitioner has placed on record a copy of the appeal and the synopsis, as Annexures P-2 and P-3, respectively. The appellate authority partly accepted the appeal vide order dated 22.9.2008, Annexure P-4, suspending the licence of the petitioner till 10.10.2008 and ordering the release of the drugs seized by respondent No. 3 during the inspection process to the petitioner, after following the proper procedure.

(3.) The petitioner thereafter, on the strength of the order, Annexure P-4, passed by the appellate authority, approached the District Drugs Inspector, Mansa, and moved letter dated 15.10.2008 for release of the medicines. When the medicines were not released despite several requests, the petitioner filed Civil Writ Petition No. 5087 of 2009. That writ petition was disposed of by this Court vide order dated 31.3.2009, Annexure P-5, with a direction to the State Drugs Controller-cum-Licensing Authority, Punjab, and the District Drugs Inspector, Mansa, respondent Nos. 2 and 3 herein, to take immediate action on the representations made by the petitioner for release of the seized medicines and also decide its pending claim within a period of two weeks from the receipt of certified copy of the said order.