LAWS(GJH)-1980-4-16

SARABHAI CHEMICALS LIMITED Vs. UNION OF INDIA

Decided On April 07, 1980
SARABHAI CHEMICALS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) . Sarabhai Chemicals Limited the petitioner has been manufacturing the following four medical preparations:-

(2.) The second argument which Mr. Nanavaty has raised is that all these medicinal preparations which are tranquillizers do not contain a narcotic or a narcotic drug within the meaning of the definition of that expression given in Item 2(h) at the relevant time. In Special Civil Application No. 912 of 1975 decided by us on 4th and 7th April 1980 (Suhrid Geigy Ltd. v. Union of India XXI (2) G. L. R. 16 we have taken the view upon interpretation of sec. 2(h) that a narcotic drug or a narcotic. is one which produces in rising stages drowsiness sleepiness stupefaction and insensibility. In other words a medicinal preparation can be said to contain a narcotic drug or a narcotic if it affects the central nervous system.

(3.) Let us now turn to the nature and character of tranquillizers which all these medicinal preparations are. He has invited our attention to the Review of Medical Pharmacology 5 Edition by Meyers Jawetz and Goldfien. Part III deals with the central nervous system. Chapter 25 which is in Part III deals with Antipsychotic Tranquillizers. The behavioral effect of antipsychotic tranquillizers has been described in that book at page 249 in the following terms:-