State Of Punjab And Anr vs Devans Modern Brewaries Ltd. And Anr on 20 November
only those alcoholic liquids which are generally used as
beverages and produce intoxication but also all liquids
containing alcohol. Liquor is classified broadly into three ... said entry, among
others, provides as follows: "Duty of Excise on intoxicating
liquor for human consumption." Entry 8 of List II
specifically provides
Constitution. That entry empowers the
State Government to legislate with regard to intoxicating
liquor, that is to say, production, manufacture, possession.
transport, purchase and sale ... intoxicating liquor. [865-F]
(2) (a) There are three principal reasons to hold that
there is no fundamental right of citizens to carry on trade
citizen of this country
has a fundamental right to trade in intoxicating
liquors refuses to die in spite of the recent
Constitution Bench decision ... that a citizen has no fundamental
right to trade or business in intoxicating liquors
and that trade or business in such liquor can be
completely
fundamental obligation of the State to bring
about prohibition of intoxicating drinks, is pressed into
service to thwart the State's half-hearted prohibitionist ... constitutional casualty. Innocently the equate alcohol
with aqua is an exercise ill intoxication and straining
judicial credibility to absurdity. We proceed to explain why
alcohol
fundamental obligation of the State to bring about prohibition of intoxicating drinks, is pressed into service to thwart the State's half-hearted prohibitionist ... constitutional casualty. Innocently to equate alcohol with acqua is an exercise in intoxication and straining judicial credibility to absurdity. We proceed to explain why alcohol
them can cover the present case.
4. Entry 8 reads thus:
8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase ... sale of intoxicating liquOrs.
The learned Counsel challenged the correctness of the judgment impugned in the civil appeals and the special leave petitions. According
Bhang, and also individuals who say they are addicted to intoxicating liquors. The impugned notifications have totally banned the trade of petitioners (except petitioners ... exclusive privilege in respect of manufacture, possession, sale or consumption of intoxicating liquors and drugs. In Nashirwar's case
other law for the
time being in force relating to liquor or
intoxicating drugs, but does not include a fine
imposed by a court ... distillery brewery or warehouse;
Provided that duty may be levied:-
(a) on intoxicating drugs by an acreage rated
levied on the cultivation of the hemp
relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor, and of intoxicating drugs in the State of Kerala ... Abkari Act . They contend that the Act and the Rules deal with intoxicating liquor, a subject covered by entry 8 of list