Court No. - 40
Case :- WRIT - C No. - 31948 of 2021 Petitioner :- M/S Bhagwati Medical Store And 4 Others Respondent :- Drugs Controller General Of India And 12 Others Counsel for Petitioner :- Indra Mani Tripathi Counsel for Respondent :- A.S.G.I.,Aradhna Chauhan,C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Ms. Aradhana Chauhan, learned counsel appears on behalf of the respondent.
In somewhat similar facts and circumstances another writ petition filed before this Court bearing Writ-C No. 29597 of 2021 has been disposed of with the following orders passed on 15th December, 2021:-
"Heard Ms. Diksha Verma holding brief of Ms. Swati Agrawal for the petitioner, Sri Rajeshwar Tiwari, learned Chief Standing Counsel for the State authorities and Sri Jitendra Kumar for the respondent Union of India.
Petitioner is running a medicine shop at Aligarh after obtaining licence under the provisions of Drugs & Cosmetics Act, 1940 as well as rules framed thereunder. It has approached this Court by contending that authorities of State without any valid authority have locked the business premise of the petitioner on 1.8.2021 whereafter the petitioner is not being permitted to run its shop.
Taking note of such contention, we called upon the respondents to obtain instructions in the matter. Sri Rajeshwar Tiwari, learned Chief Standing Counsel has obtained instructions, according to which, the authorities have not locked the petitioner's shop, nor any such incident, as is alleged, has actually happened on 1.8.2021.
Learned counsel points out that between 27th to 29th May, 2021 more than hundred persons died in Aligarh after consuming spurious liquor and, therefore, the authorities of State constituted various team including the Excise Inspector, which inspected various establishments. Petitioner's shop was also inspected between 16.8.2021 to 30.8.2021 by the team constituted by the District Magistrate on 12.8.2021. A specific assertion is made by the State Counsel that neither petitioner's shop has been sealed nor any locks have been put on it. It is further stated on behalf of the respondents that only inspecting teams have been constituted on 12.8.2021 and there is no direction otherwise to shutdown any shop or commercial establishment.
In view of the stand taken by the State authorities, we find that there exists no restraint in running of petitioner's shop. As such, the State authorities shall not interfere with the running of such shop; provided the petitioner complies with various statutory requirements and has a subsisting licence. It shall be open for the authorities to inspect the premises for the purposes of ensuring observance to various provisions of law.
With the above observations and directions, this writ petition stands disposed off."
Controversy being identical, this petition is also disposed off on same terms.
Order Date :- 17.12.2021 VMA