Court No. - 39 

Case :- WRIT - C No. - 13134 of 2022 

Petitioner :- M/S Bhagwati Medical Hall And Another

Respondent :- Central Drugs Standard Control Organization  And 10 Others 

Counsel for Petitioner :- Indra Mani Tripathi 

Counsel for Respondent :- A.S.G.I.,Alok Mishra,C.S.C. 

Hon'ble Mrs. Sunita Agarwal,J. 

Hon'ble Mrs. Sadhna Rani (Thakur),J. 

Sri Alok Mishra, learned Advocate has put in appearance on behalf of the respondent no. 10.  

By means of the present petition, the petitioners seek to challenge the order dated 11.04.2022 passed by the respondent no. 8, namely, Drug Inspector, District Agra as also the order dated 28.02.2022 passed by the District Magistrate, Agra whereby he has constituted a joint team for carrying out the special drive to restrain the sale of alcohol based medicine (Tincture) by the licensee of the sale of drugs and medicines. 

The said team was directed to make an enquiry to curb the supply and sale of alcohol mixed aromatic cardmom tincture from the medical store. 

We are of the considered opinion that the order of the District Magistrate, Agra in constituting the team to curb the illegal sale of alcohol mixed aromatic cardamom tincture cannot be challenged by the petitioner on the ground that the said team would unnecessarily visit the shop of the petitioner to harass him. As regards the challenge to the order dated 11.04.2022 is concerned, it is submitted by the learned counsel for the petitioner that the Drug Inspector while exercising power under Section 22 (1) (d) of Drug and Cosmetics Act, 1940 to make an inspection, has no jurisdiction to restrain the petitioner from selling drugs or medicines in the shops concerned, being run as a licensee. 

The inspection report, appended at page-'105' of the writ petition was placed us to assert the same. It is argued that the Drug Inspector, though, has not sealed the shops but closed its door but there is no substantive material to prove the said assertion.  

In the written instructions supplied by the learned Standing Counsel, it is sought to be submitted that there is no seal or lock, put by the Drug Inspector, over the shop in question. However, during the course of inspection, the petitioner was found engaged in selling tincture, which were prohibited and as such he was directed while carrying out the proceeding under Section 22 (1) (d) of the Act, 1940, to refrain from selling alcohol mixed medicines (Tincture) from the shop in question. 

The report of the Drug Inspector was drawn in the presence of the petitioner namely, Awdhesh Kumar, who had refused to sign the same. 

Taking note of the fact that the alcohol mixed tincture is prohibited article, the observation in the report of the Drug Inspector giving direction to the petitioner not to sell alcohol mixed tincture, therefore, cannot be said to suffer from any error of law. The plea of the petitioner that the door of his shop has been locked or sealed, is not substantiated from any material on record. 

The writ petition is, accordingly, dismissed. 

Order Date :- 12.7.2022