CHANDRA NARAIN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.S. Asghar Hussain, Senior Advocate appearing for the petitioners in the two cases and Ms. Priyadarshani Jha, J.C. to A.A.G. IX representing the State.

(2.) These two cases relate to the same establishment, namely, M/s. Samrat Chemical Industries, Bahuara in the district of Vaishali, that is engaged in the manufacture and sale of Ayurvedic medicine with alcoholic contents. The petitioners in CWJC No. 7477 of 2006 seek the declaration that their manufacturing licence in Form LI issued under the Medicinal & Toilet Preparation Rules would be deemed as renewed for the period 1989-90 to 2005-06 and pray for the direction for renewal of the licence for the year, 2006-07. The other case being CWJC No. 11205 of 2006 relates to the grant of licences in Forms 13 and 13A issued under Rule 93A of the Bihar Excise Rules.

(3.) On the one hand, the State Government seems to be trying to prevent the misuse and abuse of Ayurvedic medicines with alcoholic contents as ordinary alcoholic beverage and to that end is, making provisions to control and regulate their manufacture and sale by amendment of the Excise Act and the Rules framed thereunder and by issuing notifications and orders with regard to appointment of wholesellers and retail dealers of such preparations. But on the other hand individual cases slip away from the regulation net for want of proper monitoring and due to negligence in the department.