State power to regulate alcoholic medicinal preparations upheld under excise control and public health principles

Article 47 permits State regulation of Ayurvedic medicinal preparations containing alcohol where they may be misused as ordinary intoxicants. The analysis treats such preparations as subject to excise control for limited purposes, including transport, possession and consumption, when the alcohol content is substantial and the measures support prohibition and public health. The State's regulatory power under the U.P. Excise Act, 1910 was therefore recognised as extending to these preparations, even though they are medicinal in character.

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Issues: Whether the State Government had power under the U.P. Excise Act, 1910 and Article 47 of the Constitution of India to regulate the transport, possession and consumption of Ayurvedic preparations containing alcohol.

Analysis: The challenge concerned notifications and rules treating the preparations as liquor for limited excise purposes and regulating their sale, possession and consumption. The reasoning rejected the view that prohibition under Article 47 could not extend to medicinal preparations containing alcohol. It was held that Article 47, which directs the State to bring about prohibition of intoxicating drinks except for medicinal purposes, does not exclude regulatory control over medicinal preparations that contain a substantial percentage of alcohol and may be misused as ordinary alcoholic beverages. On that basis, the State was viewed as having power to regulate possession and consumption in aid of prohibition and public health.

Conclusion: The State was held to have power to regulate the possession and consumption of such medicinal preparations containing alcohol under the excise law.

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