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ASHUTOSH KUMAR, PARTHA SARTHY
Om Logistics Ltd. – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, ACJ. – The petitioner, a Transportation and Logistics Company, has filed this petition for quashing the Notification No. 11 dated 18.10.2016 (Annexure-18), whereby, in exercise of powers under Section 3 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’), the State Government has notified all medicines and medicinal preparations containing medicinal preparation ‘Codeine’ to be an intoxicant for the purposes of the Act, for it being ultra vires Sections 26-A and 26-B of the Drugs and Cosmetics Act 1940, read with Entry 132 of Schedule-H read with Rules 65 and 97 of the Drugs and Cosmetics Rules, 1945 as also for the notification being beyond the legislative competence of the State Legislature and its Executive. The English version of the notification, referred to above, and impugned in the present petition, is being extracted hereinunder for ready reference:
2. Alongside, the petitioner has also prayed for quashing the order dated 06.09.2021 (Annexure-17) passed in Excise Confiscation Case No. 32 of 2021 by the Additional Collector-cum-Additional District Magistrate, Madhepura (Respondent No. 6), whereby the truck belonging to the peti
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