HIMALYA PHARMACY Vs. DIRECTOR HEALTH SERVICES

JUDGEMENT

(1.) THIS is a revision under section 104 of the Jammu and Kashmir Constitution against the Judgment dated 23 -12 -1971 passed by the District Judge Jammu whereby he dismissed the appeal of the petitioner.

(2.) THE fact as alleged in this case by the petitioner are that he is the proprietor of the petitioner firm which carries on business of manufacture and repacking of drugs at Gandhinagar, Jammu.The Drug Inspector inspected his works and found certain violation of rules. He took some samples and of them examined from the Drug analyst. The drugs were found sub -standard. Notice was issued to the petitioner to show cause why action should not be taken against him under rules. After hearing the petitioner, respondent passed the impugned order on 22 -9 -1971 whereby he suspended the Drug, manufacturing licence Nos 9 and 10 and the Drug re -packing licence No. 8 for a period of 90 days from 22 September 1971. Aggrieved by this order the petitioner filed an appeal under Rule 90 2 of the J&K Drug Rules 1962 hereinafter called the rules. This appeal having been dismissed the petitioner filed a writ petition in this court. The said writ petition was dismissed in limini and now the present has been filed.

(3.) MR . Sethi appealing for the respondent bas raised two preliminary objections firstly that the respondent is not a court and as such no revision is competent before the High Court, Secondly previous writ petition on the same facts having been dismissed the present petition is barred by res -jdicata.