J N MALHOTRA Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) The context of law and facts out of which these petitions arise may first be stated. LAW:

(2.) The Punjab Excise Act, 1914 (the Act), as applied to Delhi gives to the Government the complete power of control and regulation of the sale of liquor in Delhi. Its provisions are not open to challenge as being contrary to the fundamental right of freedom of trade and business guaranteed by Article 19(1)(g) of the Constitution because consumption of liquor is harmful to the health of the people except in medicinal doses. The restrictions on such a trade imposed by law and executive action are, therefore, reasonable even if they amount to a total prohibition of it. The present petitions are concerned with the sale of the so-called foreign liquor manufactured in India under licences granted by the Government. The relevant provisions of law for the grant of these licences are as follows :

(3.) For the year 1978-79 auctions were held by the Collector of Excise authorised by the Lt. Governor and the Excise Commissioner on terms and conditioas which are at annexure A of the writ petition for the grant of two kinds of licences :