Reasoned administrative orders and re-export rights under drug rules cannot be defeated by an unsupported denial.

A non-speaking administrative refusal to permit re-export of an imported consignment was unsustainable because a rights-affecting decision must state its own reasons, and later explanations in an affidavit cannot cure that defect. Rule 41(1) of the Drugs and Cosmetics Rules, 1945 was held to permit re-export in the relevant circumstances, so the petitioner could not be denied relief on the basis of an unsupported rejection in the impugned order. Allegations of forged documents, an unregistered source, and spurious goods were left to the pending criminal prosecution and not decided in writ proceedings. Re-export was allowed subject to safeguards, including sampling and preservation of samples for trial.

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Issues: Whether the refusal to permit re-export of the imported consignment was sustainable, and whether the petitioner was entitled to re-export under Rule 41(1) of the Drugs and Cosmetics Rules, 1945.

Analysis: The impugned communication rejected re-export without assigning reasons. An administrative or quasi-judicial decision affecting rights must disclose the grounds on which it is made, and the defect cannot be cured by reasons later set out in a counter affidavit. The Court also found that the disputed allegations regarding forged documents, unregistered source, and the character of the goods as spurious were matters for the pending prosecution and were not to be pre-determined in writ jurisdiction. On the statutory scheme, Rule 41(1) permits re-export in the circumstances contemplated by the rule, and the Court held that the petitioner could not be denied that relief merely on the basis of an unsupported denial in the impugned order. At the same time, the Court accepted that safeguards could be imposed, including sampling and preservation of samples for the criminal trial.

Conclusion: The refusal to permit re-export was set aside, and the petitioner was held entitled to re-export the consignment subject to conditions.

Ratio Decidendi: A statutory authority exercising power affecting civil rights must give reasons in the order itself, and an unsupported denial cannot be sustained by subsequent explanations in affidavits; where the governing rule permits re-export, that relief cannot be refused by a non-speaking order on matters that remain disputed and are sub judice in criminal proceedings.

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