9911796707
TMI Blog1963 (3) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners, three in number, Messrs. Indian Chemical and Pharmaceutical Works, Hyderabad, Messrs. Pankaj Chemical and Pharmaceutical Works, Hyderabad and Messrs. Commercial Chemical Co., Sanathnagar, Hyderabad, are the manufacturers of the said drug under the licences issued under the Drug Rules framed under the Drugs Act of 1940. They challenge the notification of the respondent Government as ultra vires the powers of the Government on the ground that the Government have no right to include a drug coming within the purview of the Drugs Act of 1940 (Central Act) as an intoxicating drug within the meaning of the Hyderabad Intoxicating Drugs Act (Act IV of 1333 F.) They impugn the Notification on the further ground that Chloral Hydrate is not an intoxicating and narcotic-substance, as defined under Section 2, Clause 4 of the Intoxicating Drugs Act. The further ground of attack is that the Government have no power to impose a duty on the manufacture of Chloral Hydrate and their powers levying impost are confined to the State list (List II of the Seventh Schedule) appended to the Constitution, which, among other items, provides for duties of excise on all alcoholic liquors, opiu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of the Central Law necessitated certain amendments to Act IV of 1333F. The amendments were made by Act XXII of 1953. We may appropriately notice that the preamble to the Hyderabad Opium and Intoxicating Drugs (Amendment) Act (Act XXII of 1953) brings out fully the necessity for the amendments made. The preamble reads thus : -- Whereas in consequence of the extension to the State of Hyderabad of the Opium Act, (Central Act XIII of 1857), the Opium Act, 1878 (Central Act I of 1878) and the Dangerous Drugs Act, 1930 (Central Act II of 1930) and the repeal of the corresponding Hyderabad State Law by the Opium and Revenue Laws (Extension of Application) Act. 1950 (Central Act XXXIII of 1950), it is expedient to amend the Hyderabad Opium and Intoxicating Drugs Act (IV-of 1333 Fasli) for the purpose of bringing its provisions into accord with the provisions of the aforesaid Central Acts and for certain other purposes. It is hereby enacted as follows :-- The Amendment Act (Act XXII of 1953) received the assent of the President on 31-12-1953 and was published in the Hyderabad Gazette dated 7-1-1954. The Act was manifestly assented to by the President under Article 254( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained enactment. It is equally incorrect to say that the Intoxicating Drugs Act stood repealed by implication. Section 2 of the Drugs Act, 1940 is in these words : Application of other laws not barred-- The provisions of this Act shall be in addition to, and not in derogation of the Dangerous Drugs Act, 1930, and any other law or the time being in force. 9. Sri Surya Prakasam has sought to interpret any other law for the time being in force occurring in this Section as having reference to law in force then and not law as came to be amended later. But, this interpretation cannot be correct. The expression for the time being has a legal connotation. In Stroud's Judicial Dictionary time being is explained thus : The phrase for the time being may, according to its context, mean the time present, or denote a single period of time; but its general sense is that of time indefinite, and refers to an indefinite state of facts which will arise in the future and which may (and probably will) vary from time to time. It is not, therefore, possible to accede to the restricted meaning placed on this phrase by the learned counsel, The expression any other law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts were reserved for the Provincial Legislature to deal with, and in addition to the subject allotted to the Centre and to the States respectively, certain specified matters were reserved for both the Centre and the Provinces to legislate about, with concurrent powers. That decision does not render any assistance or present any similarity to the instant case. We have, therefore, no doubt that this contention fails. 10. The second contention is that 'Chloral hydrate' is not an intoxicating and narcotic substance within the meaning of Section 2 (iv) of the Hyderabad Intoxicating Drugs Act. Section 2 (iv) reads as follows : any other intoxicating and narcotic substance which the Government may, by notification declare to be an intoxicating drug, such substance not being opium, coca leaf or a manufactured drug, as defined in Section 2 of the Dangerous Drugs Act, 1930 . The learned counsel urges that 'Chloral hydrate' is not a narcotic substance and as such the Government have no power to declare it as intoxicating drug within the meaning of the Act, unless it is also a narcotic. The term narcotic' is not defined in the Act. The ordinary dictionary meani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed. Inasmuch as the Intoxicating Drugs Act has to prevail in the State, the imposition of licence fees is quite legal and intra vires the powers of the Government. The point raised whether such imposition is covered also by the State's powers to impose duties of excise on alcoholic liquors, opium, Indian hemp and other narcotic drugs and narcotics with reference to the State list under the Constitution, does not, therefore arise for a decision in this case. 12. There remains the objection that the Notification is violative of the right of the petitioners under Article 19(1) (f) and (g) of the Constitution, It needs to be noticed that that Article also provides thus : (in so far as it is relevant) Article 19 (5) : Nothing in Sub-clauses (d), (e) and (f) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interest of the general public or for the protection of the interests of any Scheduled Tribe. 6.. Nothing in Sub-clause (g) of the said clause shall affect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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