1 923.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12730 OF 2026 PATHAN MEDICAL AND STORES THR PATHAN AMJAD GULMOHAMAD KHAN VERSUS THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS ... Advocate for Petitioner : Mr. R.P. Cheble and Ms. V.K. Khandelwal Addl. GP for Respondents : Ms. Dr. Kalpalata Patil Bharaswadkar … CORAM : MANJUSHA DESHPANDE, J. DATE : 22nd SEPTEMBER, 2026 PER COURT : 1. The Petitioner has approached this Court with a limited relief seeking protection by way of an interim order till his Appeal before the Appellate Authority is decided. 2. Learned Advocate for the Petitioner submits that an inspection was conducted at the business premises of the Petitioner, who is running a medical general store under the license issued by the Competent Authority. Pursuant to the inspection a show cause notice was issued to him on 04.09.2026, through speed post bringing to his notice various deficiencies as recorded in the inspection report dated 03.09.2026. The Petitioner was called upon to submit explanation for the same within a period of three days, failing which, appropriate action shall 2026:BHC-AUG:42958 2 923.odt be taken by the Authority. 3. According to the Petitioner, the said show cause notice was issued by speed post and after receiving the show cause notice dated 04.09.2026, he has submitted his explanation on 11.09.2026, along with necessary documents. After receiving the explanation by the Petitioner, the order impugned dated 16.09.2026, was passed whereby the license of the Petitioner has been suspended with effect from 21.09.2026, for a period of 30 days i.e. up to 20.10.2026. It is submitted that although an appellate remedy is provided under Section 66 (2) of the Drugs and Cosmetics Act, 1940, the order of suspension of license has immediately come into effect after issuance of the impugned order dated 16.09.2026, within a period of 3 to 4 days. Therefore, the Petitioner did not have sufficient time to approach the Appellate Authority to obtain necessary orders. It is submitted that the Petitioner has already filed an Appeal yesterday, therefore, considering that he has already approached the Appellate Authority, he may be protected only for a limited period so as to enable him, to obtain necessary orders from the Appellate Authority. 4. The submission of the Petitioner is opposed by the learned Additional Government Pleader appearing for the State Authority and submits that considering the various violations and breaches of the license conditions observed in the inspection report, the action has been 3 923.odt taken by the licensing authority by suspending the license of the Petitioner. The violations are serious, therefore, it was necessary to suspend the license of the Petitioner. In view of the various breach mentioned in the inspection report which has been produced in the impugned order, the Petitioner does not deserve any protection. 5. I have heard the respective parties. 6. It is not in dispute that there is an appellate remedy provided under Section 66 (2) of the Drugs and Cosmetics Act, and accordingly, the Petitioner has already approached the Appellate Authority, by filing an Appeal yesterday i.e. on 20.09.2026. The period provided for approaching the Appellate Authority is 90 days, and the order impugned has been given effect from 21.09.2026, which does not give the Petitioner sufficient time to approach the authority. Even otherwise the impugned order dated 16.09.2026, has been received by the Petitioner on 16th itself by hand delivery and considering the urgency, he has moved this Court. Therefore, without going into the merits of the matter, in my view, it would be appropriate to grant protection for a limited period to the Petitioner so as to enable him to obtain necessary orders from the Appellate Authority. 7. As a result, the order of suspension of license of the Petitioner passed on 16.09.2026, shall stand suspended for the period of 4 923.odt two weeks from the date of this order and the Competent Authority is requested to consider the stay Application of Petitioner by passing appropriate orders thereon. All the points and contentions of the respective parties are kept open to be agitated in the pending appeal. 8. With the aforementioned directions, Writ Petition is disposed of. 9. Learned Additional Government Pleader is requested to communicate the order with the Competent Authority. 10. Parties to act upon the authenticated copy of this order. ( MANJUSHA DESHPANDE, J. ) SPC