RAPTAKOS BRETT LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is filed challenging the order dated 10.6.2003 (Annexure -17) passed by the Minister, Health (the appellate authority) in Appeal No. 14/2003 filed by the petitioner. By the impugned order he rejected the petitioners appeal and affirmed the order passed by the Licensing authority under his memo No. 695 dated 26.5.2003 (Annexure -14) by which the petitioners whole -sale and retail drug licenses in forms 20B and 21B respectively were put under suspension for three months.

(2.) THE petitioners establishment was inspected by the Drug Inspector -cum -Chief Hospital Pharmacist, P.M.C.H. on 29.4.2003. He made an inspection report on the same date, indicating the irregularities found in course of inspection. The petitioner was given a show cause notice dated 5.5.2003 (Annexure -11) by the Regional Licensing Authority. In the notice the petitioner was asked to show cause why the Drugs licenses issued in its favour be not suspended and cancelled for violation of (i) the different provisions of the Drugs (Prices Control) Order, 1995 and (ii) the provisions of Rule 96 of the Drugs & Cosmetics Rules, regarding the manner of labelling. The show cause notice also enclosed a copy of the inspection report. From the inspection report two chargers are discernible, one relating to the over -pricing of Hovite Drops 15rnl and the other relating to incomplete labelling of Neopeptine Drops and Neopeptine liquid. In regard to Hovite Drops 15ml the National Pharmaceuticals Pricing Authority had fixed its ceiling price at Rs. 10.36 paise but the price of this formulation, manufactured by Svaidyam Pharmaceuticals and Chemicals Pvt. Limited, 11 -A Arcot Road, Porur, Chennai, found in the petitioners establishment was shown as Rs. 27/ -. This was far in excess of the ceiling price fixed by the N.P.P.A. for the formulation and hence, in clear violation of the provisions of Drugs (Prices Control) Order, 1995.

(3.) IT is, however, significant to note that in the show cause notice there was no charge that the licensee had made any change in the constitution of the firm without any intimation to the Licensing authority nor this charge is discernible from a perusal of the inspection report, a copy of which was enclosed with the show cause notice.