ORDER

Leave granted. We have heard counsel on both sides.

2. This appeal, by special leave, arises from the judgment passed by the Madhya Pradesh High Court at Jabalpur Bench, on November 23, 1995.

3. The appellant is a manufacturer of tooth paste, using tobacco as one of the ingredients therein. The Government exercising the power under Section 33-DDE of the Drugs and Cosmetics Act, 1940 (for short, the "Act") issued notification as under :

"MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health)

NOTIFICATION

New Delhi, the 30th April, 1992.

GSR-443(E).-Whereas, the Central Government is satisfied on the basis of evidence and other material before it that the use of tobacco in tooth-pastes/tooth-powders is likely to involve risk to human beings and that is necessary and expedient in the public interest so to do;

Now, therefore, in exercise of powers conferred by Section 33(EED) of the Drugs and Cosmetics Act, 1940 (23 of 1949, the Central Government hereby prohibit the manufacture and sale of all Ayurvedic Drugs licensed as tooth-pastes/tooth-powders containing tobacco.

(No. X. 11014/3/91-DM-S & PFA)

H.S. Lamba, Jt. Secy."

Calling that notification in question, the appellant filed a wri