RATAN LAL versus THE STATE OF MAHARASHTRA

Citation: [1966] 2 S.C.R. 142 · Decided: 08-10-1965 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Appeal(s) allowed

Judgment (excerpt)

142 
RATAN LAL 
v. 
TIIE STATE OF MAHARASIITRA 
October, 8, 1965 
{P. B. GAJENDRAGADKAR, C.J., K. N. WANCHOO, M. HIDAYA-
TULLAH, J. C. SHAH AND S. M. SIKRI, JJ.] 
Bombay Prohibition Act, 1949, ss. 66(1)(b), 6A(7), 24A and 59A-
Possession of medicinal preparations containing liquor in excess of 12%-
Deemed unfit for use as intaxz'cating liquor on date of attac/1ment-Suhse-
quently declared fit for use as intoxicating liquor-Whether offence commit-
ted. 
The appellant was con\icted of the offence under s. 66(1)(b) of the 
Bombay Prohibition Act, 1949, for being in possession on September 21, 
t960 of bottles of two different Ayurvedic medicinal preparations con-
taining 52.3% and 54.5% alcohol respectively. The appellant's case that 
possession of the preparations by him was not in contravention of the Act, 
because the preparations were medicinal preparatinns containing alcohol 
which were unfit for use as intoxicating liquor within the meaning of 
·s. 24A of the Act, was rejected. The trial court held that the offending 
article• were Ayurvedic preparations in which alcohol was generated by a 
process of fermentation and a9 alcohol exceeded 12 per cent by volume, 
the preparations did not correspond with !he limitations prescribed by the 
prO\iso to s. 59A, and therefore the exemption prescribed by s. 24A 
was inoperative. The Court of Sessions and the High Court agreed with 
that view. 
It was also contended on behalf of the respondents that even if the 
two medicinal preparations corresponded with the description and limita-
tions under s. 59A, they were still preparations fit for use as intoxicating 
liquor and therefore outside the exemption in s. 24A. 
HELD : The appellant was wrongly convicted and his conviction must 
be set aside. 
A 
B 
c 
D 
E 
(i) There was clear evidence on the record that the offending pre-
parations were not preparations in which alcohol was generated by fermen-
F 
talion. The proviso to s. 59A would therefore have no application. 
[146 E-F] 
(ii) On the date on which the two medicinal preparations were attached 
in September 1960, by vitrue of sub-section (7) of s. 6A they were 
deemed for the purpose of the Act to be unfit for use as intoxicating liquor 
and their possession was not an offence. 
A subsequent declaration by 
the State under s. 6A( 6) in October, 1960, that they were fit for use 
G 
as intoxicating liquor, could not have relfrospective operation, and pos-
. session which was innocent could not, by subsequent act of the Stale, 
be 
·declared as offending the statute. [150 Al 
• 
The State of Bombay v. F;. N. Balsara, [1951] S.C.R. 682, referred 
10. 
The State of Bombay v. Narandas Mangilal Agarwal & A nr. [l 9621 
Supp. 1 S.C.R. 15, distinguished. 
H 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
53 of 1964. 
RATAN LAL v. STATE (Shah, J.) 
143 
.A. 
Appeal by special leave from the judgment and order dated 
August 9, 1963 of the Bombay High Court (Nagpur Bench) in 
Criminal Revision Application No. 107 of 1963. 
B. Sen, J. B. Dadachanji, 0. C. Mathur and Ravinder Narain, 
for the appellant. 
B 
P. K. Chatterjee and B. R. G. K. Achar, for the respondent. 
The Judgment of the Court was delivered by 
·-'~ 
Shah, .J. 
Ratan Lal-appellant in this appeal-is the pro-
prietor of a business in drugs styled "Anil Medical Stores" at 
Wani, District Yeotmal in the State of Maharashtra. 
On Sep-
e tember 14 1960 the Station House Officer, Wani, raided the shop 
, 
. 
of the appellant and seized 12 bottles of an Ayurvedic preparat10n 
called Mahadrakshasva manufactured by the Brahma Aushadha-
laya, Nagpur and 88 bottles of Dashmoolarishta manufactured 
by the Vedic Pharmaceutical Works, Nagpur. 
At a trial held 
D before the Magistrate, -First Class, Kalapur, the appellant was 
convicted of the offence punishable under s. 66 (1 )(b) of the 
Bombay Prohibition Act 25 of 1949, and was sentenced to suffer 
rigorous imprisonment for three months 
and to pay a fine of 
Rs. 500/-. The orderwas confirmed in appeal by the Court of 
Session, Y eotmal. 
The High Court of Bombay confirmed the 
E conviction, but modified the sentence. The appellant appeals to 
this Court, with special leave. 
The following are the material facts found by the trial Court 
and confirmed by the Court of Appeal and the High Court. 
Mahadrakshasava and Dashmoo/arishta are Ayurvedic medicinal 
preparations containing alcohol, manufactured under licences 
11 
granted under the Medicinal and Toilet Preparations 

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