SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 1, GUPTA LANE, KOLKATA Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) The facts and the reliefs sought for in both the writ applications are common and as such they have been heard together and are being disposed of by this common order.

(2.) The petitioners seek quashing of Clause 3 of the Circular, dated 17.3.2016, bearing memo No.1507 (Annexure-4, Page-52 of CWJC No.6404 of 2016 and Annexure-6, Page-137 of CWJC No.6415 of 2016), whereby the Excise Commissioner has informed all the Collectors-cum-District Magistrates in the State of Bihar that henceforth the licenses granted, under Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (hereinafter referred to as the MNTP Act), shall not be renewed nor new license would be issued, and thus, prohibited manufacture and sale of Allopathic, Ayurvedic, Unani, Homeopathic or other indigenous system of medicines, containing alcohol, in the State of Bihar. The petitioners have further prayed for consequential directions to the Excise Commissioner, Bihar, to renew the license held in Form L-1 (license to manufacture Medicinal & Toilet Preparations containing alcohol, opium, Indian Hemp and other Narcotic drugs and Narcotics under bond for payment of duties).

(3.) Before we consider the rival submissions of the parties, it would be necessary to notice the facts of the case in brief.