Tariq Ahmed Abdullahmiya Sacha v. State of Gujarat thro Principal Secretary
2014-09-03
AKIL KURESHI, J.B.PARDIWALA
body2014
DigiLaw.ai
ORDER : Akil Kureshi, J. The petitioner has filed this petition seeking to raise the grievance regarding the State authorities not properly implementing the provisions of the Drugs and Cosmetics Act, 1940. Particularly, the grievance of the petitioner is that there are large number of medical stores in the State, which do not operate with the aid of registered pharmacist though required under the rules. The petitioner has pointed out certain instances where the drugs are sold of the shelf without the presence of pharmacist. 2. The State authorities have filed a reply and have tried to project the steps taken for the implementation of the provisions of the said Act. Case of the respondents is that in some cases raids have been carried out and where ever breach is found, action initiated. The main prayer of the petitioner reads as under : "(B) Allow present petition by issuing a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to implement the statutory provisions of the Drugs and Cosmetics Act, as well as Narcotic Drugs and Psychotropic Substance Act by further directing the authorities to take strict actions against the law breakers, in the interest of justice." 3. The prayer is worded in very wide terms. No direction in such general terms can be granted. It may be that in some cases, there are breaches of the mandatory requirements of the Drugs and Cosmetics Act and the Rules framed thereunder, however, without specific instances, it is not possible to give directions to the State authorities to initiate action randomly. Nevertheless, if the petitioner or any other person acting bona fide, brings any specific instances to the knowledge of the competent authority of the State, we are sure the authorities shall inquire into the same and take such measures as may be found necessary and required under the law. 4. With these observations the petition is disposed of.