GOPILAL AGARWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner's case may be stated in short. The petitioner is a partner of messrs. Golabrai Madumal, a partnership firm registered under the Indian partnership Act, 1932, which owns a Gudakhu factory known as Bharat Mata gudakhu Factory, having its place of business in Choudhury Bazar in the City of cuttack, which manufactures and sells a particular kind of lobacco locally known as gudakhu. The Gudakhu manufactured by the peti-tioner-firm is either chewed or rubbed against the teeth for its narcotic effect. It is a tobacco product containing tobacco powder, time, molasses and red ochre (Geru Mali ). In the rejoinder the proportion of the various constitutents of Gudakhu is given as 1 kg of tobacco powder, 2 kg. of molasses, 150 grains of time and 50 grams of red ochre. A letter (Annexure 1) dated 31st of August, 1971, was addressed by the Drugs Controller and Director of Health and Family Planning Services, Orissa, to the President, orissa Gudakhu Manufacturer's Association. Its contents are as follows:-

(2.) A number of points had been taken in the writ application; but in course of hearing Mr. Acharya advanced two contentions:

(3.) THOUGH in the counter-affidavit the opposite parties had taken a stand that brick powder is one of the constituents of Gudakhu, they accepted the averment in the rejoinder as one of the constituents is Geru Mati and not brick powder.