BHALLA MEDICOS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition by eight petitioners filed under Articles 226 and 227 of the Constitution for quashing the notification dated 19. 7. 1982, issued by the Department of Local Government, Punjab, whereby chemists and druggist were required to pay licence fee of Rs. 300.00 per annum to the Municipal Committee, Nakodar, District Jullundur. All the chemists and druggist were required to obtain licences with effect from 1. 4. 1982 under section 121 of the Punjab Municipal Act, 1911 (for short 'the Act' ).

(2.) THE petitioners are carrying on business in allopathic medicines and drugs at Nakodar and are registered under the Drugs and Cosmetics Act, 1940. They hold licences issued under the aforesaid Act. The petitioners declined to obtain licences from the Municipal Committee Under Section 121 on the ground that they were not carrying on the business in any offensive or dangerous material.

(3.) THE mention of the various articles specified in the aforesaid Sub-section (1) makes it clear that dangerously inflammable material, explosive articles, petroleum, oil and spirit have been included in the list of dangerous or offensive trades. Medicines or drugs do not find any mention in the aforesaid Sub-section (1 ).