DEO PHARMA Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) It is submitted on behalf of the petitioner that a raid was conducted in its premises on 24.10.2013 and, thereafter, a First Information Report was lodged on 26.10.2013, however, the licence of the petitioner under the Drugs and Cosmetics Act has been cancelled on 18.07.2014 on the basis of a notification which came into force on 01.03.2014, i.e., much after the raid was conducted upon the premises of the petitioner. It is contended that since the aforesaid notification was not available on the date of the raid, the licence of the petitioner cannot be cancelled on the basis of such notification by the Drugs Controller. However, the appeal filed by the petitioner against the order of the Drugs Controller has also been rejected which has compelled the petitioner to approach this Court by filing the present writ application.

(2.) Accordingly, let this matter be posted on 29.06.2015 under the heading "For Admission" within top five cases to enable learned counsel for the State to seek instruction and file counter affidavit.

(3.) In the meantime, the petitioner would be also required to bring on record the concerned notification which has formed the basis of passing the order of cancellation of licence by appending it with a supplementary affidavit.