Sirajul Islam, v. The State of Assam and 4 Others

ORDER

19.12.2023 Heard Shri H. Das, learned counsel for the petitioner, who has also filed a connected I.A. for interim orders. Also heard Shri B. Gogoi, learned Standing Counsel for the Health & Family Welfare Department.

¶2It is the case of the petitioner that a pharmacy license was issued in the year 2022 bearing Registration No. 9349. However, the grievance of the petitioner is with regard to non-renewal of the same.

¶3Shri Das, learned counsel for the petitioner submits that though the initial registration was in the name of the father of the petitioner, late Gafur Ali, who has passed away in the year 2008, it was renewed from time to time and the pharmacy was being run by the petitioner and therefore non-renewal of the said license is arbitrary.

¶4Shri Gogoi, learned Standing Counsel of the Department has however fairly submitted that there is no provision for transfer of a license even by way of inheritance. So far as the earlier renewals are concerned, it is submitted that since the authorities were not aware of the expiry of the original license holder, the same was renewed which would not act as a precedent. Shri Gogoi, learned Standing Counsel however submits that if the petitioner applies for registration in his own name, the same would be considered in accordance with law. Page No.# 4/4

¶5Shri Das, learned counsel for the petitioner submits that taking into consideration the long period of an experience of the petitioner in running the pharmacy without any blemish and also the fact that it is one of the main source of livelihood of the family, his application which may be filed pursuant to the direction of this Court may be duly considered. It is further contended that the petitioner himself has the qualification of a pharmacist.

¶6In view of the above, both the writ petition as well as the I.A. stand disposed of by giving liberty to the petitioner to file necessary application for grant of fresh license / registration under the Drugs and Cosmetics Act, 1940 stating therein the attending facts and circumstances which have led to filing of the present application. On such submission, the authorities would consider the same and pass necessary Speaking Order within a period of 45 days from the date of receipt of such application.

¶7A copy of the written instructions dated 30.11.2023 sent to the learned Standing Counsel, Health & Family Welfare Department which is placed before this Court is made a part of the records. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010240082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3196/2023o SIRAJULoISLAM,o S/O-oLATEoGAFURoALI,o R/O-oVILLAGEoHADIGAONo,o P.O-oTUKURA,o P.S-oAGIA,oDIST-oGOALPARA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oOTHERSo REP.oBYoTHEoCOMMISSIONERoTOoTHEoGOVT.oOFoASSAM,oHEALTHo DEPARTMENToDISPUR,oGUWAHATI-o781006. 2:THEoDIRECTORoOFoHEALTHoSERVICES oHENGRABARI oGUWAHATI-o781036. 3:REGISTRARoCUMoSECRETARYo oASSAMoPHARMACYoCOUNCIL oSIXoMILE oKHANAPARA oGUWAHATI-o781022. 4:THEoASSTT.oDRUGSoCONTROLLER oHENGRABARI oGUWAHATI-o781036.oASSAM 5:THEoINSPECTORoOFoDRUGS oGOALPARA oDIST-oGOALPARA o P.O-oGOALPARA oPIN-78310o Page No.# 2/4 Advocate for the Petitioner : D BARUAH Advocate for the Respondent : SC, HEALTH Linked Case : WP(C)/944/2023 SIRAJUL ISLAM S/O- LATE GAFUR ALI R/O- VILLAGE HADIGAON P.O- TUKURA P.S- AGIA DIST- GOALPARA ASSAM VERSUS THE STATE OF ASSAM AND 4 OTHRS REP. BY THE COMMISSIONER TO THE GOVT. OF ASSAM HEALTH DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR OF HEALTH SERVICES HENGRABARI GUWAHATI- 781036. 3:REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL SIX MILE KHANAPARA GUWAHATI- 781022. 4:THE ASSTT. DRUGS CONTROLLER HENGRABARI GUWAHATI- 781036. ASSAM 5:THE INSPECTOR OF DRUGS GOALPARA DIST- GOALPARA P.O- GOALPARA Page No.# 3/4 PIN-783101 ------------ Advocate for : D BARUAH Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 4 OTHRS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI