Three writ petitions filed under Article 226 of the Constitution challenging drug control forms and notices were dismissed because the petitioner did not appear when listed for hearing on 05.07.2019, resulting in non-prosecution.
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: 10.07.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.Nos.29488 to 29490 of 2007 and M.P.Nos.1, 1, 1 and 2 of 2007
M/s.Swastik Traders, Rep.by Mr.Amritraj, 4,Moosa Street, T.Nagar, Chennai – 600 017. ..Petitioner (in all W.Ps) Vs 1. The Drugs Inspector, Intelligence Wing, Office of the Director of Drugs, DMS Complex, Theynampet, Chennai – 600 006.
.. Respondents (in all W.Ps)
Prayer in W.P.No.29488 of 2007 :
Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus, to call for the records of the first respondent herein and quash the impugned Form No.15 under Section 22(c) of the Drugs & Cosmetics Act 1940, dated 06.08.2007 read with the order dated 28th August 2007 and to forebear the first and second respondent herein from proceeding against the petitioners herein under the provisions of the Drugs and Cosmetics Act, 1940 and the rules made thereunder.
Prayer in W.P.No.29489 of 2007 :
Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus, to call for the records of the first respondent herein and quash the impugned notice under Section 18-B of the Drugs & Cosmetics Act 1940, dated 06.08.2007 and to forebear the first and second respondent herein from proceeding against the petitioners herein under the provisions of the Drugs and Cosmetics Act, 1940 and the rules made thereunder.
Prayer in W.P.No.29490 of 2007 :
Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus, to call for the records of the first respondent herein and quash the impugned Form No.17 under Rules 56 & 145A of the Drugs & Cosmetics Act 1945, dated 06.08.2007 and to forebear the first and second respondent herein from proceeding against the petitioners herein under the provisions of the Drugs and Cosmetics Act, 1945 and the rules made thereunder.
For Petitioner : No appearance
When the writ petitions were listed for hearing on 05.07.2019 there was no representation for the petitioner. Even today there is no representation for the petitioner. Hence, these writ petitions are dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.
Sub Assistant Registrar
ms
To
W.P.Nos.29488 to 29490 of 2007 and M.P.Nos.1, 1, 1 and 2 of 2007
VD(CO) CS/17/09/2019 CS/01/10/2019
M/s. Swastik Traders, Rep. by Mr. Amritraj
The Drugs Inspector, Intelligence Wing, Office of the Director of Drugs
The Director of Drugs, DMS Complex
State of Tamil Nadu, Represented by its Secretary
K. Kalyanasundaram J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
