Supreme Court · 2003 INSC 653 · Decided 20 November 2003

State of Punjab and ANR. v. MIS. Devans Modern Breweries and ANR. ETC.

Court
Supreme Court of India
Citation
2003 INSC 653 · [2003] SUPP. 5 S.C.R. 930
Case number
CIVIL APPEAL No. 3017/1997
Decided
20 November 2003
Bench
V.N. KHARE, R.C. LAHOTI, B.N. AGRAWAL, S.B. SINHA, AR. LAKSHMANAN (5-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution

Headnote

Constitution of India : C Arts. I9(/)(g) and (6) and 47 and Schedule Vll List 11 Entry 8-Trade or business in intoxicating liquor-Nature of-Held, Is not a fandamental right-Trade in liquor is considered inherently noxious, pernicious and is res extra commercium. D Arts. 30I, 304-Trade privilege to deal in liquor not being a right, Aris. 30 I to 304 are rendered inapplicable lo trade, commerce and intercourse in liquor at the threshold-Freedom to trade not available to liquor since it is a noxious substance injurious to public health, public order and morality-Thus trade

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