1964 (10) TMI 111 - HC - Central Excise

Summary

Issues Involved:
1. Dismissal of earlier writ applications
2. Licensing restrictions for medicinal preparations
3. Authority and powers of the Board of Revenue
4. Compliance with the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 and Rules
5. Validity of restrictions under Article 19 of the Constitution of India
6. Examination of statutory provisions and rules
7. Prevention of misuse of medicinal preparations

Issue-wise Detailed Analysis:

1. Dismissal of Earlier Writ Applications:
The court noted that the current writ applications are the aftermath of the judgment in O.P. Nos. 891 and 1064 of 1963, which were dismissed as infructuous. The petitioners were permitted to move the court afresh regarding licenses for the year 1964-65. The petitioners have challenged these licenses in the present petitions.

2. Licensing Restrictions for Medicinal Preparations:
The petitioners, engaged in the production of medicinal preparations since 1959, alleged that their license applications for 1963-64 were partially granted and totally denied for certain items. The Board of Revenue issued licenses only to a limited extent based on orders Exts. P4 and P5. The court noted that the Board of Revenue has the powers of the Excise Commissioner.

3. Authority and Powers of the Board of Revenue:
The Board of Revenue imposed restrictions on the manufacture of spirituous medicinal preparations, citing allegations of misuse as substitutes for alcohol. The Board decided that only specific items recommended by the Director of Health Services would be allowed for manufacture or import. Ext. P4 initially allowed 15 items, later modified by Ext. P5 to allow 48 items classified into two groups, A and B. The court examined whether these restrictions were justified.

4. Compliance with the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 and Rules:
The court examined Section 6 of the Act and Rule 84 of the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956. Section 6 provides that no person shall engage in the production of dutiable goods without a license, which shall be subject to restrictions and conditions. Rule 84 allows the licensing authority to grant licenses upon satisfaction of compliance with conditions. The court found no provision in the Act or Rules suggesting control over the articles to be produced or the quantum to be manufactured.

5. Validity of Restrictions under Article 19 of the Constitution of India:
The petitioners contended that any power to impose such restrictions would be violative of Article 19 of the Constitution. The court, however, focused on whether the Act and Rules provided such power, without addressing the constitutional validity of the provisions.

6. Examination of Statutory Provisions and Rules:
The court referred to the form of license (Form A L-1) and noted that it specifies the list of preparations authorized to be manufactured. The court found that the statute provides for regulation to ensure the collection of duty but does not confer power to control the quantum or number of articles manufactured. The court also referred to Section 19(2)(ii) and (iv) of the Act, which relate to the place of manufacture and regulation for duty collection, supporting the view that the Act does not provide for the restrictions imposed by the Board of Revenue.

7. Prevention of Misuse of Medicinal Preparations:
The court acknowledged that the restrictions were imposed to prevent misuse of medicinal preparations, which could undermine prohibition efforts. However, the court emphasized that misuse should be prevented by enforcing the Act and Rules, not by restricting the number and quantity of preparations manufactured. The court cited a Bombay High Court decision, approved by the Supreme Court, which held that legitimate use of medicinal and toilet preparations should not be prevented.

Conclusion:
The court declared that the limitations introduced by Exts. P4 and P5 were without the authority of law. The applications for licenses must be dealt with in accordance with the statute, unhampered by the restrictions in Exts. P4 and P5. The petitioners were allowed to renew their applications, and the writ applications were allowed without any order as to costs.