JAISWAL MEDICAL HALL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against a notification bearing No. C.S.R. 779 New Delhi, dated the 18th July, 1980 as contained in Annexure-1 to the writ petition whereby and whereunder the Central Government in exercise of its power conferred upon it under Sections 12, 18 and 33 of the Drugs and Cosmetics Act, 1940 (hereinafter called and referred to as the said Act)framed an amending rule known as Drugs and Cosmetics (2nd Amendment) Rules, 1980 as also the notices as contained in Annexures-2 and 3 to the writ petition.

(2.) By reason of Annexure-1 the inter alia fees payable in respect of an application for renewal of a licence granted under the provision of the aforementioned Act has been enhanced.

(3.) By reason of Annexure-2, the State Drugs Controller, Bihar, Patna in his letter addressed to the respondent No. 3 directed that the aforementioned amending rule as contained in Annexure-1 be enforced By copies of the said letter addressed to the Chemists and Druggists Association and all medical stores in the district of Ranchi were instructed to comply with the direction as contained in Annexure-2 as otherwise the licences held by the licencee would be deemed to be cancelled. By reason of Annexure-3 the respondent No. 3 by his letter dt. 10-2-82 addressed to the petitioner informed it that as it had not deposited the renewal fee at the enhanced rate his licence granted under the said Act shall stand cancelled.