C.W.P. No.17732 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.17732 of 2007 Date of decision:23.07.2009. M/s AAR KAY Medical Hall ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Harsh Aggarwal, Advocate, for the petitioner. Mr. Anil Sharma, Additional A.G., Punjab, for the respondents. ***** JASBIR SINGH, J. (ORAL). This writ petition has been filed with a prayer to quash order dated 13.06.2007 (P-12), vide which wholesale drugs license of the petitioner was cancelled. Further challenge is to the order dated 18.10.2007 (P-13), dismissing appeal, filed by the petitioner. Counsel for the parties heard. The petitioner – firm was granted license in question, in the year 1995, for retail sale. In the year 2006, the petitioner changed its business, from retail to wholesale. The license granted to the petitioner was valid up to June 2011. On 25.05.2007, shop of the petitioner was checked and it was noticed that for large number of medicines, the petitioner has not maintained stock register and further that the petitioner has failed to show bills, regarding purchase of drugs in C.W.P. No.17732 of 2007 -2- question. The drugs were seized and notice was issued for cancellation of the license. The petitioner produced necessary documents, with regard to purchase of medicines/drugs. However, regarding 4 drugs, he failed to produce any record whatsoever. Before the Competent Authority, an attempt was made to produce bills etc., which were not ingenuine. The Competent Authority has discussed that fact and has given detailed reasons to disbelieve the documents produced, in its order dated 13.06.2007 (P-12). In appeal, the petitioner failed to prove that drugs were validly purchased and further that the record was maintained, as per Rules and Regulations, under which license was granted. It is an admitted fact, even before this Court, that regarding following medicines/drugs, the petitioner has failed to produce any record whatsoever: - S.No. Quantity Names of the drug B.No. Exp. Date Mfd. By 1 220X100 Tab Momolit MT7-005 03/2009 Maiden Pharma Ltd. Kundli 2 3X50X10 Tab. Siprest 0.50 KT-2088 Sep 2007 Kalbros, Jalandhar 3 5x100x1ml Inj. Oxytocin BP (vet) 001, (in loose packing) 5/2008 Bonnet Pharmaceuticals, Manpur, Gaya-823003 4 21x10+4 Tab. Demisone JK6047 Nov 2009 Cadila, Samba It was noticed by the authorities below that most of the drugs, with regard to which the petitioner has failed to produce any record, are habit forming drugs and further that instead of wholesale, the petitioner was found indulging in retail sale also. The Authorities below have given detailed reasons, to cancel license of the petitioner. Nothing has been shown to the contrary. No case is made out for interference. Dismissed. July 23, 2009. ( JASBIR SINGH ) vinod JUDGE