RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the course of its campaign for elections to the Haryana Legislative Assembly in 1996, Haryana Vikas Party made a promise to the electorate that if voted to power it will introduce total prohibition in the State. After coming to power, it decided to fulfil the said promise. With this end in view and also for giving effect to the directive principles of State Policy embodied in Article 47 of the Constitution of India, the Government decided to use the legislative power vested in the Governor under Article 213 of the Constitution for amendment of the Punjab Excise Act, 1914 (hereinafter referred to as 'the principal Act'), as applicable to the State of Haryana. The first step in this direction was the promulgation of Punjab Excise (Haryana Amendment) Ordinance, 1996 (Haryana Ordinance No. 1 of 1996) under Article 213(1) of the Constitution. By this Ordinance, Sections 3, 20, 25, 26, 34, 41, 57 and 61 of the Principal Act were amended. On 1.6.1996, Notification No. S.O. 80/P.A.1/14/Sections 17, 20, 24 and 26/96 was issued by the Governor of Haryana under Sections 17, 20, 24 and 26/96 of the principal Act to prohibit w.e.f. 1.7.1996 import or export of any intoxicant into or from the State of Haryana or any part thereof; transport, manufacture, sale; purchase; consumption and possession of any intoxicant. This was subject to certain exceptions made in the cases of Military and Para Military Personnel etc. After about 4 months of the issuance of the first Ordinance, the Governor of Haryana promulgated the Punjab Excise (Haryana Second Amendment) Ordinance, 1996 (Haryana Ordinance No. 9 of 1996) substituting the existing Sections 61, 63 and 72 of the principal Act. Simultaneously, Section 81 was added to the principal Act. These Ordinances were replaced by the Punjab Excise (Haryana Amendment) Act, 1996 (Haryana Act No. 22 of 1996) which was notified in the gazette dated 13.12.1996. Two more amending Acts, namely, the Punjab Excise (Haryana Amendment) Act, 1997 (Haryana Act No. 12 of 1997) and the Punjab Excise (Haryana Second Amendment) Act, 1997 (Haryana Act No. 19 of 1997) were passed by the State Legislature for amendment of Sections 61, 72 and 80 and also for substitution of Section 68-A of the Principal Act.

(2.) THE imposition of prohibition led to the cancellation of licences of vends, bars etc. Some of those affected by these consequential actions challenged the constitutional validity of the notifications issued by the government by filing writ petitions in the High Court which were dismissed on 17.12.1996 - M/s. Rattan Singh Kishore Chand and Co. v. The State of Haryana and others, 1997(1) AIJ 381. In this manner, the policy of prohibition introduced by the government received judicial recognition.

(3.) IN the next session of Haryana Vidhan Sabh which was convened from 19.1.1998, the Government introduced the Punjab Excise (Haryana Second Amendment) Bill, 1998 (Bill No. 5, HLA of 1998) to replace Ordinance No. 4 of 1997. The statement of objects and reasons incorporated in this Bill reads as under :-