K RAJ AND CO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WHETHER the product Ethanol AR can be classified as intoxicant or liquor as defined under the Bombay Prohibition Act, 1949, is a short question which arises for consideration in the present petition.

(2.) THE petitioners are a firm engaged in the business of importing and dealing in diverse laboratory chemicals for the past 30 years. One such product with which the petitioners deal is Ethanol AR, where AR stands for analytical reagent. The said product consists of alcohol of a very, high purity i. e. 99. 9%. The petitioners supply the said product to various parties which are :--

(3.) ON 22/06/1993 another concer Unique Biochemicals imported 4994 bottles each of 500 ml. Ethanol AR from abroad. On 20/07/1993 the petitioner purchased the aforesaid bottles for being distributed to various customers. On 27/07/1993 the respondent the State of Maharashtra through its State Excise Department carried out a raid on the premises of the petitioners and seized the aforesaid stock. One Shri Tolani, a partner of the petitioner firm as was arrested in connection with offences under sections 65 (a) (e), 66 (1) (b) 80, 86 and 103 (1) of' the Bombay Prohibition Act. The said Tolani was produced before the Magistrate at 5 p. m. on 27/07/1993 and was remanded to the custody. In the remand application it was alleged that the accused was arrested while in possession of absolute alcohol which is a restricted item under the said Act and the Rules. According to the prosecution, the accused has purchased 4994 x 500 ml, bottles of absolute alcohol A. R. Quality. Ethy. 1 Alcohol 99. 9%, v. v from M/s. Unique Biochemicals without a licence or authorisation granted by the State of Maharashtra. As per the prosecution 'liquor' is defined under the Prohibition Act under S. 2, sub-section (24) to mean all liquids consisting of or containing alcohol or any other intoxicating substance which the Government may declare for the purposes of the Act. Thus any liquid containing alcohol whether fit or unfit for use as intoxicant liquor are covered by this definition. The definition liquor is coined in such a way that it should included alcohol which is not potable. Any adict neither cares for the consequence of the drinking nor he cares to know whether the alcohol he drinks is potable or denatured or harmful to his health. Therefore, there is no alternative before the Legislature but to control all types of alcohols, within the power vested in the Constitution, Therefore, it is incumbent on the firm/ marginal noted accused to avail himself of a licence in Form R. S. VI i. e. licence authorising him to buy, possess and sell rectified spirit including absolute alcohol. The State Government has, therefore, endeavoured to bring a prohibition on all intoxicants which are injurious to health. It is therefore, well within its meaning to include all alcoholic liquids as intoxicants. The marginal noted accused has failed to obtain necessary licence and therefore, has committed an offence under the Bombay Prohibition Act, 1949. It is also imperative to mention that such huge stock of alcohol it allowed to move without restriction, could have caused injury and also resulted in bottling of spurious potable liquor. Therefore, it is requested that the marginal noted accused be remanded to jail custody till investigations are completed. As already stated, on the aforesaid remand application being presented, the Metropolitan Magistrate remanded Shri Tolani, who is one of the partners of the petitioners, to jail custody till 3/08/1993. On 28/07/1993 an application for bail was presented and Shri Tolani was released.