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2026 DAILYLAW 15594 (BOM)

CAMLIN FINE SCIENCES LIMITED THR. AUTHO. SIG. RAHUL SAWALE v. THE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY OF MINISTRY OF FOOD AND DRUG ADM. AND ORS

WP/13278/2026 · 2026-10-07

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Judgment text

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911 WP-13278-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13278 OF 2026 Camlin Fine Sciences Ltd. ...Petitioner Versus The State of Maharashtra & ors. …Respondents Mr. Birendra Saraf, Senior Advocate, a/w Mr. Kushal Amin, Ms. Alisha D’Souza, Mr. Abhinav Naiknaware, Ms. Sulagna Mohanty, i/b AAK Legal, for the Petitioner. Mr. P P Kakade, Addl. G P (VC), a/w Mr. Sandip Babar, for Respondents - State. CORAM : N. J. JAMADAR, J. DATE : 07th OCTOBER 2026 P.C.: 1. Heard the learned Counsel for the parties. 2. The petitioner was constrained to institute this petition as the Appeal No. 538/2026 preferred by the petitioner alongwith an application seeking stay to the execution and operation of the order dated 09th July, 2026 thereby cancelling the licence of the petitioner under Section 2 of the Poisons Act, 1919, and Rule 7 of the Maharashtra Poisons Rules, 1972, w.e.f. 08th October, 2026, has not been heard. SAINATH, PA 1/3 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.10.07 20:30:56 +0530 911 WP-13278-26.DOC 3. In view of the aforesaid nature of the challenge, Mr. Kakade, the learned AGP, was directed to take instructions. 4. Today, Mr. Kakade, makes a statement that, the stay application would be decided tomorrow. 5. The material on record indicates that, the petitioner had preferred an appeal against the order of cancellation of licence on 17th August, 2026. 6. Having regard to the date from which the cancellation was to become effective, the State Government ought to have decided the stay application expeditiously so that the petitioner could avail appropriate remedies in the event an adverse order was passed against the petitioner. The statement on behalf of the State Government that, the stay application would be decided tomorrow, does not alleviate the situation as the impugned order would become effective on 08th October, 2026, itself. In the event the State Government decides to reject the stay application, the petitioner would be left in the lurch. 7. In these circumstances, this Court is of the considered view that, now the appeal itself should be finally decided by the State Government expeditiously. SAINATH, PA 2/3 911 WP-13278-26.DOC 8. The Writ Petition, thus, stands disposed with a direction to the State Government to decide the Appeal No. 538/2026 preferred by the petitioner finally, within a period of four weeks. 9. The petitioner shall appear before the Appellate Authority tomorrow. 10. Till the final decision of the appeal, the impugned order dated 09th July 2026 shall not come into effect. 11. In the event the appeal is decided against the petitioner, the stay shall continue to operate for a further period of one week from the date of such order. [N. J. JAMADAR, J.] SAINATH, PA 3/3