M/S DR. LOUIS BIOTECH REPRESENTED BY UPENDRA KUMAR S/O LATE RAM LAGAN SINGH Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard Mr. Ram Shankar Das, learned counsel for the petitioner and Mr. Prabhat Kumar, A.C. to G.A.2 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. BR-21(N)AL09 in Form-28 and the License bearing No. BR-22(N)AL09 in Form- 25 issued on 26.06.2009. The petitioner is aggrieved by the order passed by the State Drug Controller-cum-Chief Licensing Authority, Government of Bihar, Patna bearing letter no. 508(15) dated 5.5.2016 as contained in Annexure-3 whereby the drug licence of the petitioner has been suspended for a period of 90 days inter alia on grounds that the medicines seized were of doubtful character. A copy of such order is impugned at Annexure-3 to the writ petition.

(3.) Mr. Das learned counsel for the petitioner submits that the petitioner being aggrieved by the suspension order has preferred an appeal under Rule 85(3) of 'the Rules' on 16.5.2016 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.