LexKANYA KUMARI DISTRICT SIDHA AND AYURVEDAVAIDYAR SANGAM AND ANR. versus THE GOVERNMENT OF TAMIL NADU AND ORS.
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KANYA KUMAR! DISTRICT SIDHA AND A YURVEDA
A
VAIDYAR SANGAM AND ANR.
v.
THE GOVERNMENT OF TAMIL NADU AND ORS.
MARCH 13, 1996
B
[J.S. VERMA, N.P. SINGH AND B.N. KIRPAL, JJ.]
Tamil Nadu Prohibition Act, 1937: Sections 3(9), 16, 54(2) (m).
Tamil Nadu Spi1ituous preparations (Control) Rules, 1984: Rules C
3(b )(j)(k) lll!d II.
Indigenous system of Medicines-Medicinal Preparation containing al-
cohol whether self generated or otherwise or any intoxicating drng-Sale
of-'Spirituous preparations' and 'Restricted preparations'-Sale of-Require-
ment of licence fol'-Held valid-Object of the mies explained.
D
The appellants manufacture and deal in ayurvedic and unani
medicines. They questioned the validity of the Tamil Nadu Spirituous
Preparations (Control) Rules, 1984 contending that the provisions reqnir-
ing licences for sale of indigenous system of medicines by medical prac-
E
titioner or by those holding licence under the Medicinal and Toilet
Preparations (Excise Duties) Rnles, 1956 or holders of licences under
Drugs and. Cosmetics Act, 1940 amoµnts to unreasonable restrictions on
the right of wholesale and retail dealers to deal in indigenous system of
medicines. The High Court upheld the validity of the Rules. Against the
decision of the High Court an appeal was preferred before this Court.
F
Dismissing the appeal, this Court
HELD : 1. The impugned order of the High Court requires no
interference. In view of the provisions contained in section 3(9) and
54(2)(m) of the Tamil Nadn Prohibition Act, 1937 read with Rnles G
3(b)(j)(k) and 11 of the Tamil Nadu Spirituons Preparations (Control)
Rules, 1984, if any wholesale or retail dealer is to sell any preparation
which contains alcohol whether self-generated or otherwise or any in·
toxicating drug, then be bas to obtain licence as required by Rule 11 of the
Rules. The Rules purport to regulate the sale of spirituous preparations H
317
318
SUPREME COURT REPORTS
[1996] 3 S.C.R.
A and restricted preparations through homoepathic or indigenous system of
medicines. The restrictions imposed by the Rules are consistent with the
provisions of the Act and the State Government had authority to frame
such Rules. The primary object is to regulate the sale of medicinal or toilet
preparations containing alcohol and/or intoxicating drugs, which is con·
B sistent with the scheme and provisions of the Act i.e. prohibition of the
manufacture, sale and consumption of intoxicating liquors and drugs in
the State of Tamil Nadu. (321-D, 320-E-H; 321-C]
2. The fact that the appellants are dealing in many products of
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indigenous system of medicines and all of them do not contain alcohol is
.,._ •
C of no significance or consequence. Once it is found that they have been
dealing and selling any medicinal preparation through indigenous system
of medicines which can be held to be restricted preparation or spirituous
preparation then the provisions of the Rules shall be attracted and the
appellant can deal only on basis of licences being granted for the same.
D
E
F
(321-A-B]
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 30-31 of
1993.
...
From the Judgment and Order dated 17.4.89 of the Madras High
Court in W.A. No. 1508 and W.P. No. 1445 of 1988.
M. Kalyana Sundaram and S.R. Selia for the Appellants.
A.S. Nambiar, Ms. A. Subhashini for Arputham, Arona & Co. for
· the Respondents.
The Judgment of the Court was delivered by
N.P. SINGH, J. The appellants who manufacture and deal in ayur-
vedic and unani medicines questioned the validity of the Tamil Nadu
Spirituous Preparations (Control) Rules, 1984 (hereinafter referred to as
the 'Rules) framed under the exercise of the power conferred by Section
G 54 of the Tamil Nadu Prohibition Act, 1937 (hereinafter referred to as the
'Act') before the High Court which has upheld the validity of the said rules.
The order by which the aforesaid Rules were notified gives the object of
the framing of the Rules, saying that by G.O. Ms. No. 3031, Home, dated
1.11.1958, the Government in exercise of the powers conferred by Section
16 of the aforesaid Act had exempted the medicinal and toilet preparations
H containing alcohol and/or intoxicating drugs from all provisions of the said
KANYA KU MARI DI SIT. SIOHA AND A YURVEDA VAIDYAR SANG AM v. GOVI'. OF T.N.
319
Act, subject to certain conditions. But the conditions were found to be A
inadequate to check effectively the manufactuExcerpt shown. Read the full judgment & AI analysis in Lexace.