BIRENDRA SINGH Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for a writ in the nature of Mandamus for directing the Excise Commissioner of Madhya Bharat State not to prohibit, or debar the Petitioner from taking part or from bidding for the excise shops of Muskarat (Intoxicants) and opium auctioned by the Excise Department and for a declaration that the action of the Excise Commissioner in debarring the applicant orally from bidding at the auction of excise shops at Gwalior and Indore on 19 -1 -1954 and 17 -2 -1954, is unconstitutional and illegal.

(2.) THE Petitioner has been a license -holder of Excise shops in Gwalior State and continued as such in Madhya Bharat also. It is stated that during the last three years die Petitioner was the biggest contractor and the license -holder of the State, holding licenses of all the shops of excise for Intoxicants and Opium at Gwalior, Indore, Ujjain and other towns.

(3.) NOW it is well settled by a decision of the Supreme Court that there is no question of the violation of Article 19(1)(g) and Article 19(6) of the Constitution as there is no inherent or fundamental right in a citizen to sell intoxicating liquors. It is not a privilege of a citizen. As it is a business attended, with danger to the community it can be permitted only under such conditions as will limit to the utmost it evils.