Amendment status not verified — confirm the current text below against the official source.
Ayurvedic Medicine - when "intoxicant". - Briefly stated, the facts are that on 15.11.1991,177 bottles of 'SOMAMRIT', an Ayurvedic medicine manufactured by Dabur India (Ltd.), were recovered. Representative samples of' SOMAMRIT' were sent to the Analyst, who reported that the v/v content of ethyl alcohol was in excess of the permissible limit, which is violative of the notification dated 7.12.1991 issued under the Punjab Excise Act. It was contended by the Company that 'SOMAMRIT' is an Ayurvedic medicine and not an intoxicant as its alcohol content is only 11 % v.v which is permissible under the license granted to its manufacturer, namely, Dabur India (Ltd.). As per report of the Analyst, the percentage of the strength of Ethyl Alcohol in the sampled bottles of 'SOMAMRIT' varied from 11.992 to 12.49% V/V. According to the prosecution, the volume to volume strength of the Ethyl Alcohol was in excess of the permissible limit, which contravenes the notification dated 7.12.1991 issued under the Excise Act. Whether a particular drug or any other article is an 'intoxicant' within the meaning of Section 3(12-A) or an 'intoxicant drug' as defined in Section 3( 13) of the Excise Act is a question of fact depending upon facts and circumstances.