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2025 DAILYLAW 118676 (ALL)

M/S SOMENDRA MEDICAL STORE, BAGHAULI,HARDOI THRU. PROPRIETOR SOMENDRA GUPTA v. U.O.I. THRU. MINISTRY OF DRUGS CONTROLLER GENERAL OF INDIA/D.G. HEALTH AND FAMILY WELFARE AND ORS.

WRIC/462/2023 · 2025-04-24

Pankaj Bhatia

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:23649 Court No. - 6 Case :- WRIT - C No. - 462 of 2023 Petitioner :- M/S Somendra Medical Store, Baghauli,Hardoi Thru. Proprietor Somendra Gupta Respondent :- U.O.I. Thru. Ministry Of Drugs Controller General Of India/D.G. Health And Family Welfare And Ors. Counsel for Petitioner :- Dilip Kumar Pandey,Praveen Kumar Sharma Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties. 2. The present petition has been filed challenging the order dated 25.08.2022 and 15.11.2022, whereby on the basis of the inspection carried out, it was found that the tincture kept in the shop was contrary to the provisions contained in the Drugs and Cosmetics Act, 1940. 3. The said issue was considered by the Hon'ble Supreme Court in Civil Appeal Nos.14735-14736 of 2024 and was decided vide judgement dated 19th December, 2024. The said judgement is squarely covered the facts of the present case. 4. Following the said judgement, the two orders are quashed. As the petitioner's licence has expired, he would be entitled to apply for renewal of the said licence in accordance with law, which shall be done as per the provisions of the Act and the Rules. 5. The petition stands disposed of in terms of above. Order Date :- 24.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench