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1989 (9) TMI 212 - SC - Central ExciseWhether the appellant’s product being an Ayurvedic preparation could be a drug for being included in the definition of medicinal preparation for the purpose of the Act? Held that:- The High Court accepted the submission that it provided a self-contained definition of `patent and proprietary medicines’ for the purpose of the main Act and severed the connection between the provisions of the Drugs Act as was contemplated in earlier Explanation I, and consequently one need not look to the Drugs Act at all for its interpretation and the Schedule was thence to be interpreted as it existed along with that self-containing definition in Explanation I. In doing so, the position that “Patent and Proprietary medicines” means “any medicinal preparation” which very “Medicinal preparation” includes all drugs which are a remedy or prescription etc. as defined in Section 2(g) of the Act. So a reference to the Drugs Act was still necessary. No doubt this is an inclusive definition. To enlarge its denotation a specific provision to include Ayurvedic preparations containing self-generated alcohol which are not capable of being consumed as ordinary alcoholic beverages was necessary. That having not been done by the Explanation itself, it was not permissible to include it by the Circular. The Explanation I could not have been in conflict with the provisions of the Act and the Circular could not have been in conflict with the Explanation, the Schedule, the Rules and the Act. Appeal allowed. Set aside the judgment and decree of the High Court and restore those of the Civil Judge decreeing the suit.
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