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november 1996

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.

STATE OF U.P. & OTHERS vs GARIB DASS & OTHERSSHEO KUMAR ETC. ETC. · Niyam