JUDGMENT

R.M. SAHAI, J.:- Whether Kemicetine Vaginal Suppositories (KVS), a patent and proprietary medicine which contained the antiniotic chloramphenicol (CAF) was chloramphenicol and its esters for oral and parenteral use within the meaning of the Notification No.116 / 69 - CE dated 3-5-1969 as amended by the Notification No.106 / 80 -CE dated 19-6-1980 issued in exercise of powers conferred by sub-rule (1) of Rule 8 of Central Excise Rules, 1944 was answered against the appellant by Customs, Excise and Gold (Control) Appellate Tribunal.

2. The appellant is a manufacturer of KVS of two different strengths viz. 0.25 grams and 0.50 grams of chloramphenicol antiniotic contents. These suppositories are introduced in the vagina by hand. Its wax-like material containing antiniotic chloramphenicol melts at the temperature of the vagina and the melted medicine then gets absorbed into the system through the epithelium or mucous preparation lining the vagina. The administration of this medicine is not against any topical or local infection but is directed at the internal infection of vagina resulting from the oral functional system. By absorption into the system its effect is to remove the