Supreme Court of India · 1996-12-10
STATE OF GUJARAT vs SUHRID GEIGY LTD. AND ORS.
- Citation / case number
- SC 1980/63386
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- SUHRID GEIGY LTD. AND ORS.
- Author
- BHARUCHA
- Bench
- S.C. SEN S.P. BHARUCHA
Judgment text excerpt
The Supreme Court addressed the applicability of the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, specifically Section 2(h) which defines 'narcotic drug' and Section 3(1) which imposes excise duties on dutiable goods. The Court held that Xylocaine, as a local anesthetic, does not fall under the definition of narcotic drugs, thus the demand for excise duty on the medicinal preparations containing it was invalid. The judgment of the Gujarat High Court was upheld, leading to the dismissal of the appeals by the Union of India.