Supreme Court of India · 1996-11-20
STATE OF U.P. & OTHERS vs GARIB DASS & OTHERSSHEO KUMAR ETC. ETC.
- Citation / case number
- SC 1978/90421
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P. & OTHERS
- Respondent
- GARIB DASS & OTHERSSHEO KUMAR ETC. ETC.
- Author
- ,S.C. SEN,K.S. PARIPOORNAN
- Bench
- CJI,S.C. SEN,K.S. PARIPOORNAN
Judgment text excerpt
The Supreme Court upheld the High Court's decision declaring Section 37-A of the U.P. Excise Act, 1910 unconstitutional under Article 14 of the Constitution. The Court found that the provision, which allowed the State Government to prohibit the import, export, transport, or possession of intoxicants, was arbitrary and violated the right to equality. Consequently, the Court quashed both Section 37-A and the Notifications issued under it, affirming the Full Bench's ruling.