SHAMBU NATH AND SONS LTD Vs. PUNJAB STATE

JUDGEMENT

(1.) MESSRS Shambhu Nath and Sons, Limited, and Firm Sri Ram Ganga Ram of Amritsar carry on the business of chemists and druggists. In the course of business these concerns have to deal in dangerous drugs as defined in the Dangerous Drugs Act, 1930. Under the Act no person can carry on business in such dangerous drugs without a license. These licenses are of various types and arc renewable year to year on payment or the prescribed license fee. These two concerns have admittedly been getting licenses in Forms DD5 and DD6 since a long time to enable them to possess and sell dangerous drugs. These two concerns along with others applied for renewal of their licenses in Forms DD5 and DD6 for the year 1956-57. The Excise and Taxation Commissioner, Punjab, issued a list on 21st March, 1956 containing the names of the concerns whose licenses had been renewed. This list did not contain the names of the petitioning concerns and they have filed in this Court separate writ applications Nos. 371 of 1957, and 416 of 1957 challenging the validity of the rules which authorise and empower the excise and Taxation Commissioner to grant or refuse these licenses. As the point involved in these two writ petitions is the same, it will be convenient to decide both these petitions by this judgment.

(2.) THE petitioners' case is that the rules framed under Section 8 (2) of the Dangerous Drugs Act so far as they relate to refusal and renewal of licenses violate the petitioners' fundamental rights guaranteed under Article 19 (1) (g) of the Constitution.

(3.) NOW, the Dangerous Drugs Act has been enacted to suppress contraband traffic in and abuse of dangerous drugs and to control certain operations relating to them. Section 8, so far as it is relevant for the present purpose, reads : --' (1) No one shall -