Case Note & Summary
The petitioner, Durgaprasad S/o Madanlal Suwarnakar, proprietor of M/s Durga Medicals, a drug store in Jalgaon, challenged the order dated 25th July 2012 passed by the Licensing Authority and Assistant Commissioner, Food and Drugs Administration, Jalgaon, suspending his drug license. The petitioner contended that the suspension order was passed without any prior notice or opportunity of hearing, violating principles of natural justice. The court noted that the order was passed under Section 22(1)(d) of the Drugs and Cosmetics Act, 1940 and Rule 65(9) of the Drugs and Cosmetics Rules, 1945. The court held that the suspension was illegal as no hearing was afforded. The court set aside the suspension order and directed the Licensing Authority to hear the petitioner and pass a fresh order within four weeks. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Suspension of License - Drugs and Cosmetics Act, 1940, Section 22(1)(d) and Drugs and Cosmetics Rules, 1945, Rule 65(9) - The petitioner's drug license was suspended by the Licensing Authority without any prior notice or opportunity of hearing. The court held that the suspension order was passed in violation of principles of natural justice as the petitioner was not heard before the adverse order. The court set aside the suspension and directed the authority to hear the petitioner before passing any final order. (Paras 1-5) B) Drugs and Cosmetics Law - Suspension of License - Requirement of Hearing - Drugs and Cosmetics Act, 1940, Section 22(1)(d) - The court observed that even if the authority had power to suspend a license, it must comply with natural justice. The order of suspension was quashed and the matter remitted for fresh consideration after hearing the petitioner. (Paras 4-5)
Issue of Consideration
Whether the suspension of a drug license without granting an opportunity of hearing to the licensee is valid in law.
Final Decision
The writ petition is allowed. The impugned order dated 25th July 2012 is quashed and set aside. The matter is remitted to the Licensing Authority to hear the petitioner and pass a fresh order within four weeks. Rule is made absolute. No order as to costs.
Law Points
- Natural justice
- audi alteram partem
- suspension of license
- opportunity of hearing
- Drugs and Cosmetics Act
- 1940
- Section 22(1)(d)
- Drugs and Cosmetics Rules
- 1945
- Rule 65(9)
