P P ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) In exercise of powers conferred by S. 3 of the Essential Commodities Act, 1955, Sugar Control Order 1966 was issued by the Government of India, Ministry of Agriculture. Cl. 5 of that Order empowered the Central Government to issue directions, inter alia, to recognised dealers regarding production, maintenance of stock, storage, sale, grading, packing making weighment, disposal, delivery and distribution of sugar.

(2.) By Order No. GSR-410-E/Ess. Com-/ Sugar dated the 14th of July, 1980 the Central Government issued the following directions:

(3.) The petitioners in this group of petitions, who are dealers in sugar, seek to challenge the constitutional validity of the said order on three grounds. (1) the impugned order is not covered by S. 3 of the Essential Commodities Act and is ultra vires:(2) the impugned order imposes unreasonable restrictions on the right of the petitioners to carry on their trade and so it is violative of Art. 19 (1) (g) of the Constitution; (3) the impugned order is also violative of Art. 14 of the Constitution for two reasons:(a) the petitioners have been singled out for hostile treatment from other dealers of sugar at Calcutta, (b) the impugned order In unreasonable and impracticable.