- 1 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30219 OF 2026 (GM-RES) BETWEEN: VIVA PHARMA CTS NO.3940/1, SY. NO. 1382, P. NO.13, 2ND AND 3RD FLOOR, SHAILAJA BUILDING, CLUB ROAD, BELAGAVI, BELAGAVI DISTRICT – 590 001, REPRESENTED BY ITS PROPRIETOR MR. HARSHAVARDHAN INCHAL, AGED ABOUT 48 YEARS, S/O. SRI. ANIL KUMAR. …PETITIONER (BY SRI. P.D.SURANA, SRI. PRASANNA KUMAR B T, ADVOCATES) AND: 1. THE ASSISTANT DRUGS CONTROLLER-3(P), DEPARTMENT OF FOOD SAFETY AND DRUGS ADMINISTRATION AND LICENSING AUTHORITY, OFFICE AT CTS NO.1848, SY.NO.96/2B, BEHIND MANOPRABHA KALYAN MANTAPA, KAVERI NAGAR, 2ND STAGE, GURUPRASAD COLONY, BELAGAVI – 590 006. 2. DRUGS INSPECTOR-1 (INTELLEGENCE) (I/C) OFFICE OF THE REGIONAL DEPUTY DRUGS CONTROLLER, CTS NO.1848, SY.NO.96/B, BEHIND MANOPRABHA KALYAN MANTAPA, - 2 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 KAVERI NAGAR, 2ND STAGE, GURUPRASAD COLONY, BELAGAVI 590006. 3. THE COMMISSIONER, DEPARTMENT OF FOOD SAFETY AND DRUGS ADMINIST GOVERNMENT OF KARNATAKA, BENGALURU - 560001. 4. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU - 560001. …RESPONDENTS (BY SRI. V.G. BHANUPRAKASH, AAG, A/W SRI. RAHUL CARIAPPA.K.S, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTITON OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE SHOW CAUSE NOTICE-CUM- SUSPENSION ORDER DATED 18.09.2026, BEARING ISSUED BY RESPONDENT NO.1, INSOFAR AS IT SUSPENDS THE DRUG LICENCES OF THE PETITIONER, PRODUCED AS ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed seeking for the following reliefs: (a) Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the Show Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 Cause Notice-cum-Suspension Order dated 18.09.2026, bearing Ref. No.D¸ÀÄ¥ÀD: G¥À¤¨É :¯ÉÊ«©: ¸ÀO¤ : 3:1320/2026-27issued by Respondent No.1, insofar as it suspends the Drug Licences of the Petitioner, produced as ANNEXURE-B: b) Declare that the Respondents cannot suspend the Petitioner's Drug Licence merely on the basis of the Petitioner's having procured and distributed pharmaceutical products through an authorised manufacturer/supplier, in the absence of any material establishing the Petitioner's knowledge, participation, manufacture, repacking, relabelling, adulteration or tampering; c) Issue a writ of Mandamus directing the Respondents to restore/activate the Petitioner's valid Drug Licences and permit the Petitioner to carry on its lawful pharmaceutical distribution business, subject to compliance with the Drugs and Cosmetics Act, 1940 and the Rules framed thereunder; d) Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity." 2. The Registry has raised an objection that the petitioner carries out business at Belagavi and hence, the writ petition is to be presented before the Dharwad Bench of this Court. 3. It is the contention of the learned counsel for the petitioner that being aggrieved by the impugned Show Cause notice cum Suspension Order dated 18.09.2026 (Annexure-B to the writ petition), an appeal was preferred under sub-Rule (2) Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 of Rule 66 of the Drugs and Cosmetic Rules, 19451 before the first respondent - Appellate Authority, which is situated at Bengaluru. The same not having been entertained, the petitioner is before this Court. 4. The petitioner is an authorized distributor of pharmaceutical products. The petitioner has been issued the impugned Show Cause notice cum Suspension Order dated 18.09.20162 (Annexure-B to the writ petition), whereunder the licence of the petitioner to deal with pharmaceutical products has been suspended. The said impugned notice is stated to have been issued in excise of the powers contained under Rule 66 of the Rules. The said Rule 66 of the Rules reads as under: "66. Cancellation and suspension of licenses. The petitioner has been issued the impugned Show Cause notice cum Suspension Order dated 18.09.20162 (Annexure-B to the writ petition), whereunder the licence of the petitioner to deal with pharmaceutical products has been suspended. The said impugned notice is stated to have been issued in excise of the powers contained under Rule 66 of the Rules. The said Rule 66 of the Rules reads as under: "66. Cancellation and suspension of licenses. (1)The licensing authority may, after giving the licensee an opportunity to show cause why such an order should not be passed by an order in writing stating the reasons therefor, cancel a license issued under this Part or suspend it for such period as he thinks fit, either wholly or in respect of some of the substances to which it relates, if in his opinion, the licensee has failed to comply with any of the conditions of the license or with any provisions of the Act or rules thereunder: 1 Hereinafter referred to as 'Rules' 2 Hereinafter referred to as 'impugned notice cum order' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 Provided that, where such failure or contravention is the consequence of an act or omission on the part of an agent or employee, the license shall not be canceled or suspended if the licensee proves to the satisfaction of the licensing authority- (a)that the act or omission was not instigated or connived at by him or, if the licensee is a firm or company, by a partner of the firm or a director of the company, or (b)that he or his agent or employee had not been guilty of any similar act or omission within twelve months before the date on which the act or omission in question took place, or where his agent or employee had been guilty of any such act or omission, the licensee had not or could not reasonably have had knowledge of that previous act or omission, or (c)if the act or omission was a continuing act or omission, he had not or could not reasonably have had knowledge of that previous act or omission, or (d)that he had used due diligence to ensure that the conditions of the license or the provisions of the Act or the rules thereunder were observed. (2) A licensee whose license has been suspended or canceled may, within three months of the date of order under sub-rule (1), prefer an appeal against that order to the State Government, which shall decide the same." 5. The allegation against the petitioner is that it has procured "Zavicefta Injection" from the authorized supply channel namely, M/s. Pfizer Limited, Bengaluru. It is the contention of the official respondents that the petitioner having Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 procured the product in question from the authorized supply channel, the same has been sold to various entities, which the petitioner is not entitled to do. The product in question is stated to have been manufactured by Ms/. ACS Dopfar, Italy and marketed by M/s Pfizer Limited. 6. The factual matrix in terms of the allegation against the petitioner is not required to be gone into in the present petition, inasmuch as vide the impugned notice cum order, the licence of the petitioner has also been suspended. 7. A plain reading of sub-Rule (1) of Rule 66 of the Rules clearly indicates that the petitioner is entitled to be given a show cause notice before an order of either suspension or cancellation is passed. 8. In the present case, vide the impugned notice cum order, the Petitioner has not only been notified of the allegation/assertion against it, but the licence of the petitioner has also been suspended, which is contrary to sub-Rule (1) of Rule 66. 9. The learned counsel for the petitioner submits that the petitioner has already given its response to the impugned Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 7 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 notice cum order. A copy of the response/reply dated 19.09.2026 of the petitioner is produced as Annexure-H to the writ petition. 10. Having regard to the aforementioned, the impugned notice cum order dated 18.09.2026 shall be read only as a show cause notice and in addition to the reply dated 19.09.2026, the petitioner shall be permitted to file an additional reply, if any, on or before 01.10.2026, consequent to which, the concerned authorities shall pass appropriate orders in accordance with law. 11. In this context, it is also pertinent to note that Rule 66 of the Rules enables the authority to either suspend or cancel the licence wholly or in part. The said aspect of the matter is also required to be considered by the authorities while taking further steps in accordance with law. 12. However, till the further action is taken by the concerned respondents, the petitioner shall be permitted to carry on its business, albeit in accordance with law. 13. This order shall in no manner preclude the concerned authorities from taking further steps/measures in Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 8 - HC-KAR CNR: KAHC010661362026 NC: 2026:KHC:53303 WP No. 30219 of 2026 accordance with law. Needless to say, the petitioner shall co- operate with the concerned authorities in any action taken in accordance with law. 14. The writ petition is disposed of in the aforementioned terms. 15. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 0 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA