Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 Punjab Excise Act 1 of 1914 and Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Punjab Excise Act, 1914 (1 of 1914) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Punjab Excise Act 1 of 1914, Section 59(/)(v) and Punjab Liquor Licence Rules 1956-Rule 37--Constitutional Validity of - Business in intoxicants - State if has power to prohibit absolutely . every form of activity relating thereto. Constitution of India, 1950 - Part IV of the Constitution must enter the soul of Part iii and the laws made by the State-Articles 38 and 47-Progressive implementation of the policy of prohibition. The Punjab Excise Act 1914 contemplates grant of licences for trading in (Indian) foreign and country liquor. Section 59(f) (v) of the Act provides for the fixing of the days during which any licensed premises may or may not be kept open for sale of liquor and the closure of such premises on special occasions. The conditions of the licence includes restrictions of various types including obligation not to sell liquor on certain days and during certain hours. Rule 37(a) as it originally stood prohibited sale of liquor on Tuesdays upto 2 p.m. and also on the 7th day of every month. This rule was amended by a notification whereby in place of "Tuesdays upto 2 p.m. plus the 7th of every month" "Tuesday and Friday in very week'', was substituted as the days when liquor vending was prohibited. "Note" appended to the said ruie exempted tourist bungalows and rest-houses run by the Department of the State Government from the operation of the condition regarding closure. Consequent upon the change of days, the licence fee payable by a vendor was reduced from Rs. 12,000/- to Rs. 10,000/- to compensate for the marginal loss caused by two days' closure. The petitioners who were licensed vendors of liquor in the State challenged the constitutionality of section 59(f) (v) and the vires of Rule 37 on the ground that section 59(f) (v) vested an unguided, uncanalised, vague and vagarious power in the Financial Commissioner to fix the days or number of days and hours or number of hours without laying down any guidelines, indicators or controlling points. The State on the other hand contended that the subject-matter of the legislation being a deleterious substance (liquor), requiring restrictions in the direction of moderation in consumption, regulation regarding the days and hours of sale and appropriateness in the matter of location of the places of sale. reasonableness and arbitrariness must be tested on the touchstone of principled pragmatism and living realism. |
Judge | Hon'ble Mr. Justice V.R. Krishna Iyer |
Neutral Citation | 1978 INSC 131 |
Petitioner | P. N. Kaushal Etc. |
Respondent | Union Of India |
SCR | [1979] 1 S.C.R. 122 |
Judgement Date | 1978-08-16 |
Case Number | 4021-4022, 4024- 4025, 4027-4032, 4037, 4040-4041, 4045-4047, 4049-4075, 4078- 4092, 4099, 4103-4111, 4120-4126, 4129-4140, 4142-4143, 4155-4157, 4184, 4187, 4188-4190, 4192, 4202, 4203, 4205, 4206, 4212, 4214, 4217, 4223, 4231, 42 |
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