NAND LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Art. 226 of the Constitution of India has been filed by Shri Nand Lal Sharma alleging himself to be the President, Dakshan Block Prohibition Committee and Vice President of Rajasthan Freedom Fighter Association.

(2.) THE grounds raised in the petition are that notifications were issued under Rajasthan Excise Act, 1950 (hereinafter callled 'the Act of 1950') bringing prohibition into effect in various districts of Rajasthan as time bound phased programme. THE first notification which came into force on 1st April, 1979, applied to the district Jhunjhunu, Sikar, Bhilwara, Jhalawar, Sawai-madhopur, Alwar and Bharatpur. THE second notification was brought into force on 2nd October, 1979 in the districts of Chittorgarh Ajmer and Kota and the third, notification which came into force on 1st April, 1980 covered the districts of Ganganagar, Jaipur and Udaipur, and thus the total prohibition was imposed through out the State of Rajasthan. It is contended that on 11th August, 1981, the Governor of Rajasthan promulgated an Ordinance No. 7 of 1981 by which the Rajasthan Prohibition Act (Act No. 17 of 1979) has been repealed but according to the petitioner the above mentioned notifications issued under the Excise Act, 1950, which had come into force on 1st April, 1979, 2nd October, 1979 and 1st April, 1980, were not repealed and as such it may be declared that the prohibition as brought into force by the aforesaid notification still continues to remain in force in the State of Rajasthan.

(3.) THE docks are now clear to consider the main controversy raised in the petition. THE State Government in exercise of the powers conferred by subsection (3) of Section 1 of the Rajasthan Prohibition Act, 1969, issued a notification bringing the said Act into force. However, different dates were notified for bringing the said Act into force in different areas. It was brought into force in revenue districts Jhunjhunu, Sikar, Bhilwara, Jhalawar, Sawai-ma-dhopur, Alwar and Bharatpur on 1st April, 1979. It was brought into force on 2nd October, 1979, in revenue districts Chittorgarh, Ajmer, and Kota. Lastly it was brought into force on 1st April, 1980, into revenue districts Ganganagar, Jaipur and Udaipur. THE State Government also issued notifications on March 31, 1979 by S. O. No. 238, 241 and 244 in exercise of the powers conferred by sub-section (4) of section 19 of the Rajasthan Excise Act, 1950 read with section 13 thereof prohibiting the possession, by all persons in, import into or transport within the area of the State of Rajasthan liquors' subject to the conditions specified in the Rajasthan Liquor Prohibition Rules, 1967. THE aforesaid notifications under the Excise Act were also made applicable to the different districts in the State of Rajasthan on 1st April, 1979, 2nd October, 1979, and 1st April, 1980 as applied in respect of the Prohibition Act. THE Rajasthan Prohibition Act, 1969, deals with the prohibition of the manufacturing, sale, and consumption of liquor in the State of Rajasthan. This Act was a self-contained Act with regard to prohibition of manufacture, sale and consumption of liquor and contained detailed provisions with regard to the establishment and control prohibition, of penalties, and exception of licences and powers, duties and procedure of officers. It also contained the provisions for appeals and revisions and other legal proceedings. Section 76 (1) deals with repeal and savings and which lays down as under: "76. Repeal and Savings, (1)- From the date this Act comes into force in any area of the State of Rajasthan under sub-section (3) of section 1, the (enactment) specified in the Schedule as in force in that area shall stand repealed in such area to the extent specified in the third column thereof. . . . . . " Schedule to the above Act laid down as under: SCHEDULE (See Section 76) S. No. Enactments Extent of repeal 1. THE Rajasthan Excise Act,1950 (Rajasthan Act 2 of 1950 ). THE whole in relation to liquer. 2. THE Bombay Prohibition Act, 1949 (as in force in Abu Area) Ditto