K VSAMPATH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who is a chemist and druggist carrying on business in the sales or medicinal and toilet preparation among others questions the validity of a notification made by thge State Government on April 8, 1958 under Ss. 17, 18 and 24 of the Mysore Excise Act (Mysore Act V of 1901) by which it prescribed among other matters the license fee payable by chemists and druggists and the license fee for the sale of spirituous preparations. Those two entries in the notification read: <FRM>JUDGEMENT_120_TLKAR0_1961Html1.htm</FRM> The preamble to this notification reads:

(2.) The peer does not dispute that he is a chemist and druggist dealing in medicinal and toilet preparations containing alcohol. He does not also dispute that he also deals in spirituous preparations.

(3.) The Mysore Excise Act under the provisions of which the impugned notification was made was enacted. In the year 1901. Under the provisions of section 13 of that Act, every person who is a vendor of liquor or intoxicating drugs was required to obtain a license enabling him to be in possession of any quantity of liquor or intoxocating drug in excess of such quantities as the Government may from time to time proscribe by notification, Section 15 prohibited the sale of liquor or intoxicating drugs without a license from the Deputy Commissioner .