USV LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this Letters Patent Appeal, by invocation of the provisions of Clause 10 of the Letters Patent of this High Court, the challenge is made against the interim order of the learned Single Judge dated 4.1.2006 in C.W.J.C. No. 13928 of 2005, whereby the appellant -original petitioners partly succeeded as the learned Single Judge has directed respondent -Drug Controller to release products of the petitioner -Company seized on earlier occasion to be transported outside the State of Bihar holding that the Drug Controller has no jurisdiction to ban marketing and sale of products outside the State of Bihar while appreciating the impugned order of the Drug Inspectortor dated 22.10.2005, whereby the ban, in exercise of powers under section 22 of the Drugs and Cosmetics Act, 1940 (the Act), came to be exercised on the basis that he had reason to believe that stock of drugs/ cosmetics in the possession of the Company, detailed in the order, had contravened the provision of Section 18 of the Drugs and Cosmetics Act, 1940 and directed by its order to the Company not to dispose of the said stocks for a period of twenty days from the date of the order, followed by the second order dated 22nd October, 2005, extending the earlier order for a further period of twenty days and being aggrieved by the order of the learned Single Judge, the writ petitioner -appellants have now come up before us in this Letters Patent Appeal.

(2.) WE have been addressed by the learned counsel appearing for the parties and upon their consensus view we have taken up this matter for final hearing against the interlocutory order challenged in this Letters Patent Appeal. We have, also, considered and evaluated the documentary evidence produced in the writ petition, as well as, in the Letters Patent Appeal. We have, also given our anxious thoughts and consideration to the text and tenor, contents and colour of the impugned order at the interlocutory stage of the learned Single Judge, which is in challenge in this Letters Patent Appeal. The main petition is pending before the learned Single Judge and the challenge herein is reflected to an interlocutory order to the extent, confirming the ban order of the Drug Inspector upon dealing and selling of the products of the Company -original petitioner -appellant.

(3.) LEARNED counsel for the appellants has submitted that there is no provision for questioning the impugned order in appeal under the Act, which is not disputed, prima -facie, at this stage by the learned counsel appearing for the respondents.