, the Court allowed a writ petition seeking a mandamus directing the respondent to test imported cosmetic samples from an accredited laboratory within two weeks and submit the report.
Directed the respondent to test the imported goods in any accredited laboratory within two weeks and provide a copy of the report to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.10.2019 CORAM: THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.No.29302 of 2019
M/s.Kawarlal & Co., No.27, Raghunayakulu Street, Chennai – 600 003. By its Proprietor K.Ramlal jain ..Petitioner Vs.
The Drugs Inspector, Govt. of India, Ministry of Health & Family Welfare, CDSCO (SZ) 2nd Floor, Shastri Bhawan Annexe, Nungambakkam, Chennai – 600 006. ..Respondent
PRAYER: Writ petition filed under Article 226 of Constitution of India, praying to issue Writ of Mandamus, directing the respondent herein to test the good, viz, Inositol NF12 (Not for Medicinal Use) bearing (i) Sample No.LS/CS/SZ/2019/007 (ii) Sample No.LS/CS/SZ/2019/008 (iii) Sample No.LS/CS/SZ/2019/009 issued under Form 17 (under Rule 56 and 145A of Drugs and Cosmetics Act) dated 01.10.2019, the sample of which was taken from the warehouse of the petitioner concern, from any accredited laboratory within a time frame and to provide a copy of the said test report to the petitioner.
For Petitioner : Mr.S.Baskaran
For Respondent : Mr.Kathir velu, SGP
ORDER
The prayer reads as follows:
“Writ petition filed under Article 226 of Constitution of India, praying to issue Writ of Mandamus, directing the respondent herein to test the good, viz, Inositol NF12 (Not for Medicinal Use) bearing (i) Sample No.LS/CS/SZ/2019/007 (ii) Sample No.LS/CS/SZ/2019/008 (iii) Sample No.LS/CS/SZ/2019/009 issued under Form 17 (under Rule 56 and 145A of Drugs and Cosmetics Act) dated 01.10.2019, the sample of which was taken from the warehouse of the petitioner concern, from any accredited laboratory within a time frame and to provide a copy of the said test report to the petitioner.”
Sd/-
Assistant Registrar(Insp.Cell)
//True Copy//
Sub Assistant Registrar
To
The Deputy Drugs Controller (I),
Govt. of India,
Ministry of Health & Family Welfare,
CDSCO (SZ) 2 nd Floor, Shastri Bhawan Annexe,
Haddows Road, Nungambakkam,
Chennai – 600 006.
+2cc to Mr.S.Baskaran, Advocate sr.85560
W.P.No.29302 of 2019
rk(co)
nr 14/10/2019
1 issue framed by the court
Whether the respondent can be directed to test imported cosmetic goods from an accredited laboratory within a specified time and provide the report to the petitioner.
2 provisions across 2 enactments
M/s. Kawarlal & Co.
The Drugs Inspector
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
