SUNBEAM PHARMACEUTICALS INDUSTRIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing the order dated 11th January, 1992 passed by respondent No. 2, whereby, the petitioner's licence for manufacturing the sterile water for injection was cancelled. The petitioner has also prayed for quashing the order dated 8th May, 1993 passed by the appellate authority (Respondent No. 3) whereby the appeal against the said order was dismissed.

(2.) The facts of the case shortly put are as follows: The petitioner claims to have obtained Drugs licence in Form 27 in terms of rule 75 of the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the said rules). According to the petitioner the said licence was granted and renewed from time to time since 1975. It is further stated that the licence granted in 1975 contains the list of 18 manufacturing products including water for injection 5 ml I.P. sample. It is further stated that on 7-12-1988 at the time of renewal of the licence No. 280/75 the petitioner was allowed to manufacture only 13 products out of 18 products originally granted in 1975 and water for injection for 5 ml. I.P was deleted. However, one additional item was allowed to be manufactured by the petitioner, i.e., sterile water for injection I.P of 5 ml. and 10 ml. It may be, however, stated that the petitioner has not disclosed his licence in the said writ petition or in the rejoinder affidavit filed in this proceeding. Therefore, this Court is not aware of the terms of the licence.

(3.) Since the writ petition is concerned with the question of cancellation of petitioner's licence the petitioner ought to have disclosed the licence in this proceeding.