STATE OF PUNJAB Vs. SUBHASH CHANDER

JUDGEMENT

(1.) Subhash Chander, respondent No. 1 to the present Letters Patent Appeal, successfully impugned, before the learned single Judge in Civil Writ No. 6070 of 1975, notification, Annexure R. 2, dt. 15-1-1975, of the appellant State of Punjab enforcing the provisions of S. 33-E of the Drugs and Cosmetics Act, 1940, hereinafter referred to as the Act, and consequently got quashed the criminal proceedings launched against him. The present Letters Patent Appeal at the instance of the State of Punjab and three others, namely, the Hon'ble Health and Family Planning Minister, Punjab, Civil Secretariat, Chandigarh; The Controller of Drugs, Punjab, Chandigarh; and the Inspector Ayurveda, Punjab, Chandigarh, is directed against this judgment.

(2.) The appellant State, with great plausibility, canvassed before us that if the provisions of S. 33-D of the Act, which impose the condition of licence for manufacturing Ayurveda (including Siddha) and Unani drugs, and S. 33-E of the Act, which imposes the restriction on storing, selling or exhibiting any Ayurvedic (including Siddha) or Unani drugs not manufactured by a licensed manufacturer, are found to be legal and valid, then how could an innocuous step of bringing them into operation be considered illegal and ultra vires the constitutional provisions of Art. 19(1)(f) and (g) and Art. 304(b) of the Constitution of India.

(3.) Before proceeding with the consideration of the contention advanced on behalf of the appellant State, some of the provisions of the Act deserve noticing.