1987 (10) TMI 346

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....s. Negi, Advocates, with them), for the appellants in C.A. No. 121 of 1987.   --------------------------------------------------   ORDER   The order of the Court was made by   K. JAGANNATHA SHETTY, J.-The questions raised in these matters relate to the power of the State Government to regulate the transport, possession and consumption of mirta sanjiwani sura and other like ayurvedic preparations under the U.P. Excise Act, 1910. The appellant No. 1 is the manufacturer of ayurvedic preparations and the appellant No. 2 is the wholesale dealer of such preparations. The latter is carrying on his business in Almora, one of the districts of U.P. where prohibition has been introduced by the State Government. On Se....

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.... that the question raised in these matters is completely covered by a decision of the Supreme Court in the State of Bombay v. F.N. Balsara [1951] 2 SCR 682. This decision was by a Bench of five Judges. In that case certain provisions of the Bombay Prohibition Act (25 of 1949) and in particular sections 12(c), 12(d) and 13(b) came up for consideration along with the restrictions imposed by certain notifications issued under the Bombay Prohibition Act in regard to sale, possession, consumption or use of medicinal and toilet preparations containing alcohol. This Court after examining the scope and effect of the enactment observed: "I consider that the Act is not a law imposing reasonable restrictions so far as medicinal and toilet preparati....

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....Constitution takes note of the fact that medicinal preparations should be excluded in the enforcement of prohibition. With respect, we are unable to subscribe to this view taken in Balsara case [1951] 2 SCR 682 (SC). We do not think that the State should wait till a person misuses the medicinal preparations containing alcohol for his intoxication. We do not think that the State could deal only with the perverted addicts and not preventing persons from becoming addicts by the misuse of medicinal preparations containing alcohol as ordinary alcoholic beverages. Article 47 of the Constitution provides as follows: "47. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement ....