[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Page 26355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12157]



[[Page 26355]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Sankar N. Banerjee, M.D.; Revocation of Registration

    On April 9, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Sankar N. Banerjee, M.D. (Dr. Banerjee) of 
Exeter, New Hampshire, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration, 
AB2002436 under 21 U.S.C. 824(a), and deny any pending applications for 
renewal or modification of that registration. As a basis for 
revocation, the Order to Show Cause alleged that Dr. Banerjee is not 
currently authorized to handle controlled substances in New Hampshire, 
the state in which he practices. The order also notified Dr. Banerjee 
that should no request for a hearing be filed within 30 days, his 
hearing right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Banerjee 
at his registered location in Exeter, New Hampshire. DEA received a 
signed receipt indicating that the Order to Show Cause was received by 
Dr. Banerjee on April 29, 2002. DEA has not received a request for 
hearing or any other reply from Dr. Banerjee or anyone purporting to 
represent him in this matter. Therefore, the Deputy Administrator, 
finding that (1) 30 days have passed since the receipt of the Order to 
Show Cause, and (2) no request for a hearing having been received, 
concludes that Dr. Banerjee is deemed to have waived his hearing right. 
After considering material from the investigative file in this matter, 
the Deputy Administrator now enters his final order without a hearing 
pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Banerjee possessed DEA 
Certificate of Registration AB2002436. The Deputy Administrator further 
finds that an investigation by DEA revealed that on May 25, 2001, the 
New Hampshire Board of Medicine suspended Dr. Banerjee's license to 
pactice medicine in New Hampshire.
    DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant is without state authority to handle controlled substances 
in the state in which he conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Muttaiya Darmarajeh, M.D., 66 FR 52936 (2001); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Banerjee is not licensed to handle 
controlled substances in the State of New Hampshire, where he is 
registered with DEA. Therefore, he is not entitled to a DEA 
registration in that state.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AB2002436, issued to Sankar N. Banerjee, 
M.D. be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective June 16, 2003.

    Dated: April 23, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-12157 Filed 5-14-03; 8:45 am]
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