NEELKANTH MEDICAL STORE Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed assailing order dt. 11/07/09 (Ann. 3) whereby prescribed authority under Drugs and Costmetics act, 1940 suspended drug license dt. 17/02/09 issued in favour of petitioner-Firm with validity period upto 16/02/2012 against which appeal was preferred but was dismissed by appellate authority vide order dt. 21/07/09 (Ann. 5 ).

(2.) PETITIONER is a proprietorship firm holding license to sell drugs issued on 17/02/09 with a validity period upto 16/02/2012. Inspection team visited the drug store of petitioner-Firm on 20/06/09 and by the time, the team reached the store, it was got closed a few minutes before arrival of the team; as such the medical store was not permitted to be inspected. For violating conditions of the license, a notice through registered post was issued U/s 22 (3) of Drugs act on 24/06/09 (Ann. 1) and served upon petitioner. After taking note of explanation, the prescribed authority recorded finding that it was deliberate action on the part of petitioner that the medical store was got closed only fifteen minutes prior to arrival of the inspection team and on account of which, the team was not permitted to inspect to store and accordingly took final decision vide order dt. 11/07/09 (Ann. 3) to suspend the drug license for thirty days from 20/07/09 to 18/08/09. On appeal against the suspension, after affording opportunity of hearing to petitioner, appellate authority also affirmed the finding of prescribed authority vide order dt. 21/07/09 (Ann. 5 ).

(3.) HAVING considered contention of counsel for petitioner and after taking note of material on record, this Court does not find any manifest error which may call for interference in the concurrent finding of facts recorded under orders impugned. Consequently, writ petition fails and is hereby dismissed.