AVENTIS PHARMA LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Sri A.K. Sinha, learned senior counsel for the petitioner and Sri A. Allam, learned senior counsel for the respondents. With the consent of the learned counsel, this case is taken up for disposal at the stage of admission.

(2.) CHALLENGE in this writ application is to the order dated 06.08.2008 (Annexure-11) passed by the State Drug Controller and Licensing Authority (Respondent No. 3) whereby the license granted to the petitioner under the provisions of Drugs and Cosmetics Act, 1940 and the Rules thereunder, has been cancelled. Challenge also is to the order dated 20.09.2008 (Annexure-15) passed by the Appellate Authority whereby the petitioner's appeal filed against the impugned order of the Respondent No. 3 was rejected. Besides praying for quashing of the two impugned orders, the petitioner has also prayed for an order staying the operation of the impugned orders and in the alternative, to direct the respondents to allow the petitioner to sell and distribute in the State of Jharkhand, the other drugs manufactured by the company, except the drug which is alleged to have been found not up to standard, till final disposal of this writ application.

(3.) THE Drugs Inspector, Ranchi, under letter No. 316 dated 08.03.2008, forwarded copies of the Test Reports No. NW/6430, 6433 and 6436 of the Government Analyst, Central Drug Laboratory, Kolkata in respect of the laboratory tests of samples of Ofloxacin Infusion of Batch No. 237007, 236015 and 236019 manufactured by the petitioner-company and stating therein that the drug was not found to be of standard quality.