3. Facts of the case are that the applicant is the local resident of Konch, district Jalaun. He is running Drugs and Cosmetics Shop under the valid license issued by the opposite party no.1, the applicant never involved himself in any illegal activities. The applicant always involved in the business of Standard and Branded quality and sold at the fixed price and the opposite party never found any irregularity in the business of the applicant. The shop of the applicant was inspected by opposite party no.2 without compliance of Section 23 of the Drugs and Cosmetics Act, 1940 and collected samples on 12.10.2004, which was of non-standard quality, consequently notices were issued to the applicant under Section 18 of the Drugs and Cosmetics Act, 1940 alongwith the Inspection Report D/3025 dated 10.2.2005. The applicant immediately submitted detailed Explanation with bill voucher on 14.3.2005 regarding the alleged restricted medicine, issued by the Stockiest namely Malhotra Medcal Agencies, wholesale chemists and druggists 14/136, First Floor, Kanchan Market Hospital Road, Agra, 285003 and he submitted his reply that he was a bonafide purchaser and the applicant has no concern about the same. The opposite party no.2 has never considered the explanation alongwith
