The Gujarat High Court has affirmed the charges filed against the management of a pharmaceutical company for selling an intoxicating substance as an Ayurvedic medicine, violating the state’s prohibition law, under the Drugs and Cosmetics Act. It has been made clear that if a lawsuit is filed, the individual is not immune from prosecution. Gujarat Prohibition Act, 1949.
bench Judge Hasmukh D. Starr The FSL report noted that the alcohol content of the medicines sold by the complainant’s company was found to exceed the permissible limit of 12% under the Prohibition Act. Therefore, it observed,
”…the above procedure [under the Drugs and Cosmetics Act] It cannot be equated with proceedings under the Gujarat Prohibition Act…The purpose of the Drugs and Cosmetics Act is to control the manufacture and distribution of drugs…Special provisions under Section 67A prohibit the Gujarat Prohibition Act. It has been inserted into the law, and if the alcohol concentration is found to be 12% or more in the slurry sample, a crime is established. ”
The petitioner’s company was charged with selling intoxicating drugs under the guise of Ayurvedic medicine and falsely modifying stickers below the permissible limit. After investigation, a charge sheet was filed under Sections 67(A), 65(e) and 81 of the Prohibition Act naming the appellant as a defendant.
The court emphasized that the procedure under the Drugs and Cosmetics Act serves the limited purpose of assessing the standard of samples and that licenses to manufacture such products are issued by the ministry. Meanwhile, Gujarat’s Prohibition Act is being enforced on the ground to eradicate the menace of intoxicants.
In the current case, the court noted that the articles in question are not just about Ayurvedic medicine. Rather, it also included spiritual articles. “Furthermore, a perusal of the provisions of Sections 24A and 59A of the Gujarat Prohibition Act shows that Section 24A provides for the provision of medicines unsuitable for use as intoxicating liquors falling within the purview of Section 29A of the Gujarat Prohibition Act. It stipulates that said.
The court further pointed out that section 24A, read in conjunction with section 59A, implies that medicines are subject to: ”“Description” and “Limitation” mean that no more alcohol than is necessary for extraction, dissolution of the ingredients, and preservation must be used during production. “If alcohol in excess of the quantity prescribed in section 59A is found in the article, whether it is fit or unfit for use as intoxicating liquor, an offense will be committed. Deaths occur due to abnormal ingestion of such drugs and products, leading to numerous complications and negatively impacting public health. ” added the court.
The court also stated that the state has a duty to improve living standards and public health, and to eradicate the consumption of alcohol and intoxicating drugs.
“Gujarat is an arid state and as per Article 47 of the Constitution of India, Directive Principles of National Policy, it is the duty of the State to raise the standard of living and improve public health and for that purpose: It is prohibited. Such intoxicating drugs are compulsory in Gujarat. The country adheres to the ideals and principles of the founding father of the nation, Shri Mahatma Gandhi, and the country also strives to eradicate the menace of consumption of alcoholic beverages and intoxicating drugs and overhaul the laws regarding intoxicating drugs and total prohibition in the country. , I also intend to make that correction. It is enacted under the Gujarat Prohibition Act. ”
“However, it goes without saying that the observations made in this order are preliminary in nature and the learned Judge will act on his own merits without being influenced by any of the observations made in the present order. shall decide the criminal case.” While rejecting the petition for rescission, the court emphasized that:
Case Title: Amod Anil Babe vs. State of Gujarat
LL Citation: 2024 LiveLaw (Guj) 46
Click here to read the judgment
