DABUR INDIA LIMITED Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioners, apart from other Ayurvedic medicines also prepare Mrit Sanjivni, Mrit Sanjivni Sura, Mrit Sanjivni Sudha and Vrihad (Maha) Darakshasav. These are stated to be medicinal drugs but it is an admitted fact that they contain more than 40 per cent proof alcohol and the same are also misused, by some persons, and taken as intoxicating beverages.

(2.) The anxiety not to be subjected to any control, even if it be for the benefit of the community at large, has led to the filing of a bunch of writ petitions by manufacturers of alcoholic medicinal preparations.

(3.) The challenge in these writ petitions is primarily to the two Notifications dated 3rd March, 1987 and 5th March. 1987 issued by the Administrator of the Union Territory of Delhi and by the Commisisoner of Excise, respectively, the effect of which is that intoxicating spirituous preparations including Ayurvedic medicines, containing more than 25 per cent proof alcohol have been brought within the purview of the Delhi Intoxicating Spirituous Preparations Import, Export, Transport, Possession and Sale Rules, 1952 (heremafter referred to as the ISP Rules, 1952).