1 908.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12052 OF 2026 MS ASHTANG MEDICALS AND GENERAL STORES THROUGH ITS PROP SUJIT D BANGALE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for Petitioner : Mr. P.F. Patni i/b. Mr. Patni Pranit Pramod AGP for Respondent/s – State : Ms. Preeti Diggikar … CORAM : MANJUSHA DESHPANDE, J. DATE : 09th SEPTEMBER, 2026 PER COURT : 1. Heard the Petitioner as well as the learned AGP. 2. The license of the Petitioner for carrying the business for distribution of medicines under the Drugs and Cosmetics Act, 1940, has been suspended by order dated 01.09.2026, by the Assistant Commissioner (Drugs) and Licensing Authority, Food and Drugs Administration, Maharashtra State. 3. According to the Petitioner, after issuing the notice pointing out certain deficiencies to the Petitioner, the response of the Petitioner was called and after considering the response, the order dated 01.09.2026, has been passed suspending the license of the Petitioner. It is 2026:BHC-AUG:41541 2 908.odt submitted that although the Petitioner has filed an Appeal before the Hon’ble Minister of Food and Drugs Administration, State of Maharashtra, as provided under Rule 66 (2) of the Drugs and Cosmetics Rules, 1945 (for short ‘the Rules’), the same has not been taken up for hearing. It is submitted that the stay Application has not been heard. It is the contention of the Petitioner that the stay Application should be immediately heard considering the period for which the license has been suspended. The over all period for suspension of license commences from 02.09.2026 to 16.09.2026. Therefore, hearing of the Appeal after the said period is over, is of no consequences. 4. Learned AGP submits that considering the Appeal is already filed by the Petitioner along with the stay Application, it may be heard by the Competent Authority and decided in due course. Considering that though the Petitioner has filed the Appeal immediately on 02.09.2026, on the date of commencement of the period of suspension of license itself but till date it has not been heard by the Minister, thereby causing prejudice to the rights of the Petitioner. Although the period for approaching the Authority under Rule 66 (2), is 90 days but the period for suspension of license is only for a period of 15 days. Hence the Appeal/stay needs to be considered immediately in aforementioned circumstances. 3 908.odt 5. Thus, the order of suspension of license dated 01.09.2026, passed by the Assistant Commissioner Drugs, shall stand stayed till the Application for stay which is pending before the Minister is heard and decided. 6. With the aforementioned observations, Writ Petition stands disposed of. 7. Learned AGP shall communicate this order immediately to the concerned Authority. 8. Parties to act upon the authenticated copy of this order. ( MANJUSHA DESHPANDE, J. ) SPC