RASHTIRYA CHEMICAL & FERTILIZERS LIMITED Vs. STATE OF MAHARASHTRA THROUGH DEPARTMENT OF MEDICAL EDUCATION, GOVT OF MAHARASHTRA

JUDGEMENT

(1.) Introduction:

(2.) The issue in this writ petition concerns methanol; it was first added in the Schedule to the Maharashtra Poisons Rules 1972, but later removed in 1991. Again through an Amendment to the Rules in 2011-Rules 18A, 18B and 18C-the State of Maharashtra brought in that substance into the Schedule. The petitioners assail Rule 18A(2) as having extra-territorial operation, that is beyond the State of Maharashtra. According to them, this Rule affects the inter-state trade and sales to persons outside Maharashtra. That apart, the petitioners also want the Court to quash Rule 18A (2) of the Rules.

(3.) The petitioners plead that in the wake of substantial loss of life because of spurious-liquor consumption, the Government of Maharashtra issued a draft notification in 2006 to include methanol as a poison under the Maharashtra Poisons Rules, 1972. Remedially, the Government, through the amendment, wanted to compel the sellers to add denaturants and bitterants to methanol before it was sold. But its use in pharmaceutical industry stands exempted from this regiour. The petitioners claim that though the second petitioner had submitted its objections to the draft notification of Amendment, it heard nothing till 2011.