M/S. DRUG INDIA REPRESENTED BY SRI BIJAY KUMAR GUPTA SON OF LATE BHUNESHWAR PRASAD Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard Mr. Ram Shankar Das, learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner is a licensee under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act') and the Drugs and Cosmetic Rules, 1945 (hereinafter referred to as 'the Rules') bearing License No. PAT 359/2000 in Form-20B and the License bearing No. PAT 359A/2000 in Form-21B issued on 03.10.2000. The petitioner is aggrieved by the order passed by the Licensing Authority, Government of Bihar, Patna bearing letter no. 993 dated 31.5.2016 as contained in Annexure-4 whereby the drug licence of the petitioner has been suspended for a period of 45 days inter alia on grounds that the medicines seized were of doubtful character.

(3.) Mr. Das learned counsel for the petitioner submits that the petitioner being aggrieved by the suspension order has preferred an appeal under Rule 66(2) of 'the Rules' on 09.06.2016 before the appellate authority which remains pending for disposal. He submits that it is by reason of the delay in disposal of the appeal that the business of the petitioner has come to stand still and by passage of time, the appeal itself would be rendered infructuous.