cloak of State lotteries? Whether such cloak dissolves its character as
res extra Commercium? In any case, even it is legalised, would it qualify ... State revenue. Basically, lotteries are
gambling and its business is res extra commercium; but to shed off this,
the State in the interest of State
relation to potable liquor the
business whereof is said to be res extra commercium; in view of the
decisions of this Court in Cooverjee ... applicability of the doctrine of "res extra commercium" and/
or the concept of privilege theory on the part of the State would
policy decision on liquor, cannot be disputed. Trading in liquor is res-
extra commercium. Explaining the doctrine of res extra commercium in
Khody Distilleries ... There cannot be a business in crime; (b) What is
res extra commercium would be trade or business in liquor
when it is completely prohibited
activity since the former is considered inherent are
noxious, pernicious and res extra commercium. Regulation is thus the hall-
mark of the State action ... that cases
adverted to the issue of liquor trade being res extra commercium and has
simply considered whether Articles 301/304 are violated
Godawat Pan Masala Products I.P. Ltd. & ... vs Union Of India & Ors on
State Of Maharashtra & Anr vs Indian Hotel & Retaurants Assn.& Ors on 16
conduct of lotteries has been held by this Court to be res-extra
commercium, no service can be said to be rendered by the State ... take a
different view), recognizes lottery to be gambling. Gambling is res extra
commercium as has been held by this Court in The State
health, safety and welfare of the general public, i.e., res
extra commercium, (outside commerce). There cannot be business in crime.
(c) Potable liquor ... injurious to health and is, therefore, an article
which is res extra commercium being inherently harmful. A citizen has,
therefore, no fundamental right
said sub-clause.
55. Dealing with the issue of res extra commercium
vis-à-vis tobacco, the Supreme Court, in the case of Godawat ... that the substance,
banned by the impugned notification, is treated as res extra
commercium and held that in the first place, the gamut of
legislation
exercised its authority illegally and without
jurisdiction.
21
The doctrine of res extra commercium being not applicable in relation
to imparting of education by private ... ownership be vests
in res in commercio. [See Arvind Datar, "Privilege, Police Power and Res
Extra Commercium - Glaring Conceptual Errors" 21(1) National
