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1955 Supreme(Nagpur) 64

HIDAYATULLAH, R.KAUSHALENDRA RAO
VINO CHEMICAL AND PHARMACEUTICAL WORKS – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A P Sen, M C Setalvad, T L Sheode, W K Sheorey, Advocates

JUDGMENT

1. This is a petition under Article 226 of the Constitution. The Petitioner (Vino Chemical and Pharmaceutical Works) holds a licence in Form 25 under the Drugs Act, 1940, to manufacture all drugs other than those specified in Schedules C and C(i) of the Drugs Rules, 1945. Under the conditions of the licence rind the Drugs Rules, 1945, the finished product must conform strictly with the standards of identity, purity and strength specified in Part XII of the-Drugs Rules, 1945.

2. For the purpose of manufacture, the Petitioner obtained on 19-1-1954 a special permit in Form R.S. III under the Central Provinces and import rectified spirit Rules, 1942, enabling it to purchase and import rectified spirit at a concessional rate of Rs. 5/- per proof gallon up to a maximum of 18,000 gallons in the calendar year.

3. On 22-7-1954 the Petitioner had 170 bulk, gallons of rectified spirit in stock. On that day the sixth Respondent, a Sub-Inspector of Excise, visited the Petitioner's Works and setting apart 50 gallons of spirit, sealed the remaining 12 drums containing 120 gallons of spirit. The Petitioner, thereafter, received three consignments in July 1954 (total quantity 500 gallons) and








































































































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