IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 16885 of 2009(E) -------------------------- PETITIONER: ------------------ SUBRAMANIAN.K, CRACE VILLA, FR.KURISINKAL LANE, KALOOR - KATHRIKADAVU ROAD, KALOOR, KOCHI-682 017 (PROPRIETOR, KIDS INDIA PHARMACEUTICALS, MOONJAPILLY HOUSE, 36/1912-B, 1ST FLOOR, SEBASTIAN ROAD, KALOOR, KOCHI - 682 017. BY ADV. SRI.B.RAGUNATHAN SMT.P.RETNAKUMARI SRI.R.SRINATH SRI.P.PRASANTH SRI.ARAVIND V. RESPONDENTS: ---------------------- 1) STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2) DRUGS CONTROLLER, KERALA STATE, RED CROSS ROAD, THIRUVANANTHAPURAM - 695 037 3) ASSISTANT DRUGS CONTROLLER, CIVIL STATION, KAKKANAD, KOCHI - 682 030. 4) DRUGS INSPECTOR, (IB), OFFICE OF ASST.DRUGS CONTROLLER, CIVIL STATION, KAKKANAD, KOCHI - 682 030. BY GOVERNMENT PLEADER SRI. P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16885 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE REPRESENTATION DATED 22.4.2009 ADDRESSED TO THE RESPONDENTS. RESPONDENTS EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 16885 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 18th day of August 2009. JUDGMENT Petitioner is a wholesale dealer in drugs in surgical items. The competent person in charge of the shop is on maternity leave since July, 2008. Petitioner was abroad for a prolonged period. It seems that the shop was closed during his absence. He then approached the third respondent for permission to open the shop. This writ petition has been filed seeking appropriate direction to the respondents to remove the seal placed on the door leading to the shop and permitting the petitioner to open the same. 2. A counter affidavit has been filed by the 4th respondent, Drugs Inspector. The respondent apparently received reliable information on 17.12.2008 that sale of spurious drugs without proper purchase records is being effected from the shop belonging to the petitioner. The petitioner was absent. The shop was found to be closed. A search warrant has been issued by the Judicial First Class Magistrate Court-1, Ernakulam and the shop was searched with the assistance of the Police. It was W.P.(C). No. 16885 OF 2009 2 found that Human Mixtard Insulin and Insulin Penfil of various batches has been sold in large quantities against various invoices of the firm. Proper purchase records were not available. There is violation of Section 18B of the Drugs and Cosmetics Act, 1940. The mahazar along with the Form 16 were produced before the Magistrate. Search warrant was issued along with a report and sealed. 3. Reply affidavit has been filed by the petitioner. 4. I heard learned Counsel for the petitioner and the Senior Government Pleader. 5. The counter affidavit does not indicate any specific order having been passed suspending the licence of the petitioner or otherwise restraining him from conducting the trade. If in the course of the search effected in the shop, it is found that the petitioner has contravened any provision of law, then it is open to them to take action. But an oral direction to close a shop cannot be justified. 6. In the result, the petitioner shall produce a copy of this judgment before the third respondent and within one week of the W.P.(C). No. 16885 OF 2009 3 production of the same, the third respondent shall pass a written order either permitting the petitioner to open the shop and run the same, or restraining the petitioner from conducting business in the shop. Any such order of restraint must be under a specific authority conferred in that regard by the Act and Rules. If permission is granted to run business in the shop, then it is open to the third respondent to impose conditions in that behalf. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/