Court No. - 39
Case :- WRIT - C No. - 20791 of 2021 Petitioner :- M/S Bhagwati Medical Hall Respondent :- Drugs Controller General Of India And 12 Others Counsel for Petitioner :- Indra Mani Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C.,Krishna Deo Rai
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant writ petition has been filed challenging the order issued by District Magistrate, Agra dated 20.07.2021. By the said order, he had constituted a team of officers to prevent illegal trading in Aromatic Cardamom Tincture. The order mentions that the said product contains more than 80 per cent alcohol and is injurious to persons who consume it, apart from the fact that its illegal sale is resulting in loss of revenue.
The petitioner alleges that it is a firm having valid registration under the Drugs and Cosmetics Act, 1940. It is alleged in para 22 of the writ petition that respondent Nos. 11 and 12 without any 'cause and reason forcibly locked the door of petitioner's Firm and restricting illegally, arbitrarily and without jurisdiction at one to other pretext.'
On 16.09.2015 a co-ordinate Bench of this Court has passed the following order :
"In paragraph 22 of the petition, the petitioner has stated that the petitioner's firm's license has neither been cancelled nor suspended but the respondent nos. 11 and 12 without any justifiable reason has locked the doors of the petitioner's shop, seemingly, by exercise of powers pursuant to the order dated 20.7.2021 issued by the District Magistrate, Agra.
The learned Standing Counsel has accepted notice on behalf of the respondent nos. 3 to 13. He shall seek instructions whether the petitioner holds the drugs license to retail in drugs. if so, whether the license has been suspended/cancelled. If it has not been cancelled then under what authority of law the shop of the petitioner has been closed.
Instructions as above be obtained within 10 days. "
On matter being taken up today, learned Standing Counsel has placed on record the instructions received by him from District Excise Officer, Agra in which the stand taken by him is that the District Magistrate, Agra has issued order dated 20.07.2021 to control illegal trade in aromatic cardamom tincture. The instruction however clarifies that till date no action has been taken against the petitioner's firm. It is stated that the petitioner's premises has not been raided nor locked.
Learned Standing Counsel on the basis of above instructions submitted that no interference is being caused in the business being run of the petitioner firm. He submitted that this is subject to any complaint being received against the petitioner in future in which event the respondents reserve their right to take action in accordance with law.
Having regard to the above stand of the State-respondents we dispose of this writ petition by providing that the respondents shall not interfere in the running of business by the petitioner except in accordance with law.
The writ petition stands disposed of accordingly.
(Deepak Verma, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.9.2021 Md Faisal