MITTAL TRADING AGENCY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-firm which carries on business in strong and selling drugs at Rajpura, was issued show cause notice as to why its drugs licence be not suspended for having violated provisions R. 65(9) of Drugs and Cosmetics Rules, 1945, by selling medicines on a given date for a given amount to Shri Deep Chand son of Sri Prem Chand Gupta of Bahadurgarh (Kila Harnam Singh near Sirhind) who was neither a registered medical practitioner nor a licence under the Drugs and Cosmetics Act, 1940 and the rules framed thereunder. The two licenses were suspended for varying period by two separate orders. Their appeal against those orders was also dismissed. This led the petitioner-firm to impugn the order suspending the licences and dismissing its appeal, though this petition.

(2.) It has been alleged in this petition and earlier thereto in reply to the show cause notice and in the appeal before the concerned authority that the sale was effected to Shri Deep Chand Gupta, who was duly registered in Haryana State as a medical practitioner.

(3.) That Deep Chand Gupta was a registered medical practitioner in the State of Haryana was not specifically denied. The respondent-State has, however, taken the stand in the written statement, a stand which was taken before the appellate authority as well that the rule in question permitted sale, inter alia, to a medical practitioner who is registered in the Punjab State as such and not to one who is registered as such in an outside State.