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Jammu Kashmir
Remove seals from closed pharmacy shop: HC
KT NEWS SERVICE
SRINAGAR, Sep 6: The High Court today allowed removal of seals on a pharmacy shop which was operating inside the premises of G B pant hospital and was sealed on orders passed by the administration on a compliant of selling spurious drugs.
A Division Bench of the High Court comprising Chief Justice M M Kumar and Justice Mohammad Yaqoob Mir issued the order for removal of seal after senior advocate Bashir Ahmad Bashir argued that the lease period of the concerned shop was valid till October 2013.
“The Court set aside the order passed by it on July 26 and July 24 order passed by the medical superintendent of G B Pant hospital by virtue of which the shop was sealed,” said senior Lawyer Bashir Ahmad Bashir.
He added that the court has also laid down a few conditions including that the medical shop owner will sell only those drugs which are of standard companies the names of which will be provided by the Medical Superintendent of the G B Pant hospital. Besides the shop owner has been directed to sell drugs prescribed by the faculty of G B pant hospital, Bashir informed.
“We were asked by the Court to withdraw defamation suit against the medical superintendent for which it will extend our lease period by the time we spent in litigation on the issue,’ Bashir added.
On August 2, the owner of Pediatric Pharmacy shop had filed a petition before the High Court seeking removal of seal.
According to senior advocate Bashir the counsel for Mohammad Rifat Khan, there has never been any compliant against the petitioner with regard to any drug displayed and supplied by the petitioner in the shop being of any inferior o spurious quality.
“The statement made by the present Medical Superintendent of G B Pant hospital before the High Court with regard to sealing of my client’s shop was contradictory to what he had been quoted by certain local newspapers,” Bashir said, adding that the drug inspector concerned as a competent authority under Drug and Cosmetic Act had taken samples of different medicines regularly from time to time and after analyses thereof has given reports that the samples taken from my client’s shop have been found of a standard quality.
However, Bashir said the present medical superintendent G B Pant had said that the contract of running the shop within the hospital had expired so it was sealed. And on the other in his second statement the medical superintendent of G B pant hospital had said that my client was selling spurious drugs and that is why it was sealed, Bashir added.
As the matter came up for hearing today, Bashir argued that the agreement reached between his client and the hospital authorities is valid till October 23, 2013 and there was no question that the agreement has expired.
On July 24, two medical shops were sealed inside the GB Pant Hospital by a team of officials deputed by District Magistrate Srinagar.
A team comprising of Executive Magistrate- Tehsildar South Srinagar, SHO Ram Munshi Bagh police station and Medical Superintendent GB Pant Hospital sealed the shops, whose contract of running the shops within the hospital had allegedly expired.
 
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