HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10768 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioners and learned Standing Counsel for the State. This writ petition has been filed by the petitioners for the following reliefs :- (I) Issue a writ in the nature of Certiorari quashing thereby the impugned order dated 15.04.2025 and 25.10.2025 issued by the Assistant Drug Controller/Drug Licensing Authority, Lucknow Division, Lucknow as (Contained in Annexure no.1 & 2 to this writ petition) in the interest of justice. (II) Issue a writ in the nature of mandamus commanding and directing to the opposite party no.2 to allow for sale and purchase of medicines to the petitioner upon his valid drug license during the pendency of his appeal of the petitioner pending before the opposite party no.3 (as Contained in Annexure No.7 to this wilt writ petition) in the interest of justice. (III) Issue a writ in the nature of mandamus commanding and directing to the opposite party no.3 to decide the appeal pending of the petitioner no. 2 bearing appeal title name i.e. Piyush Tiwari versus Assistant Commisioner (Drugs)/ Licensing Authority (Sales) Lucknow Division, Lucknow dated 15.09.2025, as expeditiously as possible or within a period as stipulated by this Hon'ble Court in the interest of justice. It is the case of the petitioner that the petitioner was granted a Drugs Licence by the Licensing Authority to sell, stock and exhibit for sale or distribute, by wholesale, drugs specified in Schedules C, C(1) and X of the Drugs and Cosmetics Rules, 1945. Petitioner No. 2 was carrying on his wholesale medicine business in the name of M/s Rishi Pharma. The shop of the Versus Counsel for Petitioner(s) : Utkarsh Misra, Pankaj Kumar Counsel for Respondent(s) : C.S.C. M/S Rishi Pharma Thru. Propriter Shri Piyush Tiwari And Another .....Petitioner(s) Commissioner Of Food Safety And Drug Administration U.P. Lko. And 2 Others .....Respondent(s) petitioners is situated on the upper ground floor of Mazhar Complex, Naya Gaon West, Aminabad. Petitioner No. 2 was arrested by the police of Police Station Madeganj, Lucknow and falsely implicated in Case Crime No. 0145 of 2024 under Sections 12/24 of the N.D.P.S. Act. An F.I.R. was lodged against petitioner No.2 and another person on 25.09.2024. The co-accused, Salman, named in the aforesaid F.I.R., is also engaged in the business of purchasing and selling medicines in the Aminabad medicine market. Initially, after the F.I.R. was lodged, the licence of the petitioner was suspended on 15.04.2025. The petitioners filed an appeal against the said suspension order. During the pendency of the appeal, the impugned order dated 25.10.2025 was passed, cancelling the drug licence of the petitioners by invoking the provisions of the Drugs and Cosmetics Act, 1940 and Rule 66-A(1) of the Drugs and Cosmetics Rules, 1945. A separate order has been proposed to be passed. We have gone through the order dated 25.10.2025 passed by the Assistant Commissioner and find that it has been passed without application of mind, as it refers to the cancellation of drug licence at one place, while at another place it mentions that it is a suspension order against which an appeal can be filed within three months. The order itself does not indicate as to how the respondents had come to the conclusion that Phencycor Cough Syrup 100 ml and Calmpik-0.5 Tablets are prohibited items and cannot be sold. The composition of Phencycor Cough Syrup 100 ml and Calmpik-0.5 Tablets has not been mentioned in the impugned order. The impugned order appears to have been passed in a great hurry. Accordingly, the impugned order dated 25.10.2025 is set aside and the matter is remanded to respondent No. 2 to decide afresh by means of a reasoned and speaking order within two weeks from today. The writ petition is, accordingly, disposed of. November 7, 2025 Ashish Dewal WRIC No. 10768 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench