Appeal by special leave from the judgment and order dated August 9, 1963 of the Bombay High Court Nagpur Bench in Criminal Revision Application No.
The appellant had purchased these preparations from a drug store in Nagpur called the Sharda Medical Stores who in their turn were supplied by the manufacturers the Brahma Aushadhalaya, Nagpur and the Vedic Pharmaceutical Works, Nagpur.
The order was companyfirmed in appeal by the Court of Session, Yeotmal.
500/ .
Sen, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant.
53 of 1964.
At a trial held before the Magistrate, First Class, Kalapur, the appellant was companyvicted of the offence punishable under s. 66 1 b of the Bombay Prohibition Act 25 of 1949, and was sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs.
Mahadrakshasava attached from the shop of the appellant companytained 52.3 alcohol v v and Dashmoolarishta companytained 54.5 alcohol v v. These preparations are manufactured by a process of distillation.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
107 of 1963.
K. Chatterjee and B. R. G. K. Achar, for the respondent.
The Judgment of the Court was delivered by Shah, J. Ratan Lal appellant in this appeal is the pro prietor of a business in drugs styled Anil Medical Stores at Wani, District Yeotmal in the State of Maharashtra.
The High Court of Bombay companyfirmed the companyviction, but modified the sentence.
The appellant appeals to this Court, with special leave.
On September 14, 1960 the Station House Officer, Wani, raided the shop of the appellant and seized 12 bottles of an Ayurvedic preparation called Mahadrakshasva manufactured by the Brahma Aushadhalaya, Nagpur and 88 bottles of Dashmoolarishta manufactured by the Vedic Pharmaceutical Works, Nagpur.
The following are the material facts found by the trial Court and companyfirmed by the Court of Appeal and the High Court.
Mahadrakshasava and Dashmoolarishta are Ayurvedic medicinal preparations companytaining alcohol, manufactured under licences granted under the Medicinal and Toilet Preparations Excise Duties Act 16 of 1955.
