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january 1975

Supreme Court of India · 1975-01-21

HAR SHANKAR & ORS. ETC. ETC. vs THE DY. EXCISE & TAXATION COMMR. & ORS.

Citation / case number
SC 1969/60388
Court
Supreme Court of India
Petitioner
HAR SHANKAR & ORS. ETC. ETC.
Respondent
THE DY. EXCISE & TAXATION COMMR. & ORS.
Bench
RAY, A.N. (CJ),MATHEW, KUTTYIL KURIEN,CHANDRACHUD, Y.V.,ALAGIRISWAMI, A.,GUPTA, A.C.

Judgment text excerpt

The Supreme Court ruled that under Article 19(1)(g) of the Constitution of India, citizens have a fundamental right to trade in intoxicants, but the State retains the power to impose reasonable restrictions. The Court examined the validity of the Punjab Excise Act, 1914, particularly Sections 27 and 34, and the Punjab Liquor Licence Rules, 1956, determining that the levy of fixed fees on liquor traders was illegal. The Court held that the appellants could not question the validity of the rules while attempting to exploit their licenses, leading to the dismissal of their appeals.

HAR SHANKAR & ORS. ETC. ETC. vs THE DY. EXCISE & TAXATION COMMR. & ORS. · Niyam