- (1.) Leave granted. We have heard the counsel on both the sides.
(2.) This appeal, by special leave, arises from the judgment passed by the Madhya Pradesh High court, Jabalpur bench, on 23/11/1995.
(3.) The appellant is a manufacturer of toothpaste, using tobacco as one of the ingredients therein. The government exercising the power under Section 33-EED of the Drugs and Cosmetics Act, 1940 (for short "the Act") issued notification as under: "Ministry OF HEALTH AND FAMILY WELFARE (department OF HEALTH) notification New Delhi, the 30/04/1992. 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 toothpastes/toothpowders 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 conferred by Section 33-EED of the Drugs and Cosmetics Act, 1940 (23 of 1949, the central 740 government hereby prohibits the manufacture and sale of all Ayurvedic drugs licensed as toothpastes/toothpowders containing tobacco. (No. X. 11014/3/91-DM-S and PFA) H. S. Lamba, Jt. Secy. ";