BANSI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner seeks the issuance of a writ of certiorari for quashing the notification dated December 7, 1999, issued by respondent No. 1 exercising the powers conferred under sub-section (1) of Section 3 of the Commission of Inquiry Act, 1952 (hereinafter referred to as "the Act"), published in Haryana Government Gazette (Extra) dated December 7, 1999 (copy Annexure P5) and also for quashing the show cause notice dated May 2, 2001 issued by the Commission of Inquiry, copy Annexure P7.

(2.) THE aforesaid relief has been claimed on the premises that the Commission of Inquiry has been appointed in contravention of Section 3 of the Act. It is claimed that the ingredients as envisaged in the aforesaid provision, have not been fulfilled, thus, the appointment of such Commission is not sustainable under law. It shall be apposite to notice the aforesaid provision which reads as under :-

(3.) HOWEVER , the aspect was also debated such as revenue loss to the State Exchequer on account of Prohibition Policy but the same was countered on the premises i.e. to protect the citizens of the country vis-a-vis level of nutrition and the standard of living for the purpose of improving public health. It is the duty of the State to bring about prohibition of consumption of intoxicating drinks and drugs except for medical purposes. The loss of revenue should be termed as microscopic loss while placing the public health paramount. Thus, the Prohibition Policy imposed by the State of Haryana could not be termed in any manner arbitrary, against any laws framed by the Parliament or the State Legislature or could be termed as violative of any provisions of the Constitution of India. Rather, the Prohibition Policy was a laudable decision for the welfare of the citizens and the residents of the State of Haryana. It was a conscious decision taken by the State of Haryana to bring about an ideal State for the citizens to live in. The promulgation of Prohibition Policy was not the end but the beginning. In this regard, a High Powered Committee headed by the then Chief Secretary of Government of Haryana was constituted to monitor the implementation of the Prohibition Policy. The neighbouring States were also made aware of the positive act and thinking of the State of Haryana. In this regard every kind of cooperation, help and endeavour was asked, for achieving the successful imposition and implementation. For achievement of this objective, stringent laws and government instructions were required to be issued by the concerned quarters. The violations of the same were to be dealt with mathematically to make the State of Haryana an example for others to follow.