RATAN LAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Ratan Lal - appellant in this appeal - is the proprietor of a business in drugs styled "Anil Medical Stores" at Wani, District Yeotmal in the State of Maharashtra. On September 14, 1960 the Station House Officer, Wani, raided the shop of the appellant and seized 12 bottles of an Ayuredic preparation called Mahadrakshasava manufactured by the Brahma Aushadhalaya, Nagpur and 88 bottles of Dashmoolaristha manufactured by the Vedic Pharmaceutical Works, Nagpur. At a trial held before the Magistrate, First Class, Kelapur, the appellant was convicted of the offence punishable under S. 66 (1) (b) of the Bombay Prohibition Act 25 of 1949, and was sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs.500. The order was confirmed in appeal by the Court of Session, Yeotmal. The High Court of Bombay confirmed the conviction, but modified the sentence. The appellant appeals to this Court with special leave.

(2.) The following are the material facts found by the Trial Court and confirmed by the Court of Appeal and the High Court, Mahadrakshasava and Dashmoolaristha are Ayurvedic medicinal preparations containing alcohol, manufactured under licences granted under the Medicinal and Toilet Preparations (Excise Duties) Act 16 of 1955. Mahadrakshasava attached from the shop of the appellant contained 52.3% alcohol v/v and Dashmoolaritha contained 54.5% alcohol v/v. These preparations are manufactured by a process of distillation. The appellant had purchased these preparations from a drug store in Nagpur called the Sharda Medical Stores who in their turn were supplied by the manufacturers the Brahma Aushadhalaya, Nagpur and the Vedic Pharmaceutical Works, Nagpur.

(3.) The Bombay Prohibition Act 25 of 1949 by S. 66 (1) (b) penalises contravention of the provisions of the Act, or of any rule, regulation, or order made, or of any licence, permit, pass or authorization issued thereunder by any person who consumes, uses, possesses or transports any intoxicant other than opium or hemp. "Intoxicant" is defined by S. 2 (22) as meaning "any liquor, intoxicating drug, opium or any other substance, which the State Government may, by notification in the Official Gazette declare to be an intoxicant. "Liquor" is defined in S. 2(24) as including (a) spirits, denatured spirits, wine, beer, toddy and all liquids consisting of or containing alcohol; (b) any other intoxicating substance which the State Government may, by notification in the Official Gazette, declare to be liquor for the purposes of the Act. Section 12 of the Act in so far as it is material, provides that no person shall import, export, transport or possess liquor. But these prohibitions are subject to certain exceptions. By S. 11 notwithstanding anything contained in the provisions contained in Ch. III (which includes Ss. 11 to 24-A) it is lawful to import, export, transport, manufacture, sell, buy, possess, use or consume any intoxicant to the extent provided by the provisions of the Act or any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder. The prohibition are also inapplicable in respect of certain preparations under S. 24A which provides in so far as it is material: