ANIKETH JAIN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has prayed for quashing of order dtd. 16/4/2022, passed by Assistant Drug Controller-cum-Licensing Authority, Baddi, District Solan, H.P. in terms whereof, an application submitted by the present petitioner for grant of Drugs Manufacturing license was rejected, as also the order passed by the learned Appellate Authority-cum-Principal Secretary (Health), to the Government of Himachal Pradesh, under the Drugs and Cosmetics Act, 1940 and Rules framed there under, in terms whereof, the appeal filed by the present petitioner against the order passed by Assistant Drug Controller-cum-Licensing Authority, was dismissed.

(2.) The case of the petitioner is that he has established a Unit in Plot No. 32, Industrial Area, Kala Amb, District Sirmaur, Himachal Pradesh, in the name and style of Dutch Formulations for the purpose of manufacturing drugs under the Drugs and Cosmetics Act, 1940. He applied for grant of drugs manufacturing licence after complying with all the codal formalities.

(3.) Respondent No. 2 rejected the application of the petitioner on the grounds that the petitioner had applied for grant of drugs manufacturing licence in the premises situated at Plot No. 32, Industrial Area, Kala Amb, District Sirmour, H.P. where previously a firm in the name and style of M/s Vardhman Pharma was running, which was raided by the Drugs Control Department of Himachal Pradesh for manufacturing of spurious drugs and two complaints filed against it were still pending in the High Court and a letter from SHO, Police Station, Kala Amb, was received by respondent No. 2, with respect to FIR No. 24/2022, dtd. 25/2/2022, under Ss. 420, 467, 468 and 471 of the Indian Penal Code, informing that the same was still under investigation.