LAWS(PAT)-1989-2-13

NAYA DAWAKHANA Vs. STATE OF BIHAR

Decided On February 17, 1989
NAYA DAWAKHANA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Both these writ application with consent of the parties were heard together and are being disposed of by this common judgment.

(2.) Short of all unnecessary details the facts of the matter are as follows :- The petitioner of C W.J.C. No. 4788 of 1986 (hereinafter to as referred to as M/s. Medimpex) admittedly had a drug licence duly issued to it in terms of the provisions of Drugs and Cosmetics Act, 1940 and Drugs and Cosmetic Rules (hereinafter referred to as 'Act' and the 'Rules' respectively for the sake of brevity). Initially the said licence was granted to M/s. Medimpex on or about 8-10-1969 for nine items of drugs. The factory of the petitioner was then situated at Daldali Road The said licence was allegedly granted on the condition that the said factory must be shitted from the said Daldali Road to some other area which is free from pollution.

(3.) Thereafter a new licence was granted to the petitioner on 14-9-1971 for a premises which is situated at Saidpur which was to remain valid upto 31-12-1972. The aforementioned new licence was also granted for a total number of nine drugs.