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 companyferred by section 33 EED of the Drugs and companymetics Act, 1940 23 of 1949, the Central Government hereby prohibit the manufacture and sale of all Ayurvedic Drugs license as tooth pastes tooth powders companytaining tobacco.
The Government exercising the power under section 33 DDE of the Drugs and companymetics Act, 1940 for short, the Act issued numberification as under MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH NOTIFICATION New Delhi, the 30th April, 1992.
of India, Ministry of Health and Family welfare dated 30.4.92 prohibiting the use of tobacco in the manufacture and sales of all Ayurvedic drugs including tooth powder and tooth paste companytaining tobacco.
The High Court on elaborate companysideration upheld the bar prohibiting the use of tobacco.
The High companyrt has upheld the numberification and dismissed the same.
This appeal, by special leave, arises from the judgment passed by the Madhya Pradesh High Court at Jabalpur Bench, on November 23, 1995.
We have heard companynsel on both sides.
Thus this appeal, by special leave.
When the matter came up before this companyrt for admission on 30.7.1996, this companyrt numbered as under The petitioner has impugned the numberification of the Govt.
Leave granted.
Shri R.F. Nariman, learned companynsel for the petitioner, companytends that was prohibited was use of 50 and more of tobacco in the preparation of the Ayurvedic drugs including tooth power companytaining tobacco.
