Authority: High Court of Judicature at Bombay, Bench at Aurangabad
Order Date: October 21, 2026
Case Overview
- Petitioner: Ms New Galaxy Pharma (hospital with attached pharmacy/medical store operating as M/s. New Galaxy Pharma, Room No.11, First Floor, Property No.F00033345, Zone No.7, C.T.S. No.15561/5, Ulka Nagari, Garkheda, Chhatrapati Sambhajinagar).
- Respondent: State of Maharashtra, represented by the Principal Secretary and others; specifically Respondent No.3 – Assistant Commissioner (Drugs)/Licensing Authority, Food and Drugs Administration, Chhatrapati Sambhajinagar Zone‑1.
- Proceedings: Writ Petition No. 14801 of 2026 filed challenging the order dated 16‑Oct‑2026 that suspended the petitioner’s drug licence for 30 days, effective 21‑Oct‑2026 to 19‑Nov‑2026.
- Background: The premises were inspected on 21‑Jul‑2026; a show‑cause notice was issued on 04‑Aug‑2026. The petitioner submitted a written explanation on 20‑Aug‑2026. A personal hearing was held on 29‑Sep‑2026, after which the impugned suspension order was issued on 16‑Oct‑2026.
- Legal Issue: Although the order provides a 90‑day period to file an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945, the suspension was to take effect on 21‑Oct‑2026, effectively depriving the petitioner of the opportunity to appeal before the suspension became operative.
- State’s Position: The State argued that the petitioner could still file an appeal under the said rule.
- Court’s Observation: The order’s immediate effect precludes the petitioner from exercising the statutory right of appeal within the prescribed period, causing prejudice.
Final Outcome
- The writ petition is partly allowed.
- The impugned suspension order dated 16‑Oct‑2026 is held in abeyance for four weeks from the date of this order, allowing the petitioner to approach the Appellate Authority under Rule 66(2) of the Drugs and Cosmetics Rules, 1945.
- If the petitioner approaches the State Government as prayed, the application for interim protection in the statutory appeal shall be considered by the State Government as early as possible.
- Parties are directed to act on an authenticated copy of this order.
- The learned Additional Government Pleader (AGP) must communicate the court’s order to the concerned authorities without waiting for the order to be uploaded.
- The writ petition stands disposed of.
Topics: Drug License Suspension, Regulatory Appeal, Judicial Relief