K.C.Agrawal, J. - (1.) The writ petition under Article 226 of the Constitution has been filed by Dabur (Dr. S.K. Burman) Private Limited, Sahibabad, district Ghaziabad and Jagat Singh Bisht, who was the wholesale dealer of Dabur products, carrying on his business in Almora. The reliefs sought for by this petition is for quashing of the notifications, the details of which would be given at appropriate places in this judgment, and for mandamus directing the State of U.P. and the Excise Commissioner as also its officers from interfering with the business of the petitioners in Ayurvedic medicines, including Mrit Sanjiwani Sura, in pursuance of the impugned notifications and the Rules published by respondents 1 and 2 on 14th September, 1978.
(2.) For discussing the points urged, since it is necessary to make a brief reference of the relevant provisions of the U.P. Excise Act, we hereby do so. Amongst the various objects of the aforesaid Act enumerated in its Preamble, one of them is to carry into effect the policy of prohibition.
(3.) Section 3 of the Act is an interpretation clause giving definitions of various terms used in the Act. The words which are important for our purposes are: "Spirit", defined in Section 3(8), "liquor", defined in Section 3(11), "intoxicating drug", defined in Section 3(12), and "intoxicant", defined in Section 3(13). Section 4 confers power on the State Government to declare what is to be deemed "liquor". It reads: The State Government may by notification declare any substance to be 'liquor' for the purposes of this Act or any portion thereof.;