SAMPATRAO Vs. COLLECTOR

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution for quashing an order dated 20th November 1963 of the Excise Commissioner, madhya Pradesh, and an order dated 28th November 1963 of the Collector, East nimar, Khandwa, rejecting the petitioner's application for the grant of a permit for possession of two tolas of Ganja per month. The petitioner also prays that a direction be issued to the opponents to consider and dispose of according to law his application for the grant of a permit.

(2.) HAVING heard learned counsel for the parties we have reached the conclusion that this application must be granted. By his order dated 28th November 1963 the collector simply informed the applicant that according to an order dated 20th november 1963 of the Excise Commissioner the permit applied for by him could not be granted. The Commissioner rejected the application for the grant of a permit by observing; "there being no provision for grant of permit to Ganja addicts, no such permit can be granted to Shri Sampat Rao Pawaji. "

(3.) THE matter of possession of intoxicants, which includes Ganga, is regulated by section 16 of the Madhya Pradesh Excise; Act, 1915. The first sub-section of section 16 gives to the Government the power to prescribe by notification a limit of quantity for the possession of any intoxicant. The next sub-section deals with the circumstances and terms under which a person can have in his possession any quantity of any intoxicant in excess of the limit prescribed under Sub-section (1 ). The third sub-section excludes certain foreign liquor from the purview of Subsection (2 ). The last subsection says that notwithstanding anything contained in any of the earlier sub-sections, the State Government may, by notification, "prohibit the possession by any person or class of persons, either in the State or in any specified area, of any intoxicant, either absolutely, or subject to such conditions as it may prescribe. "