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Supreme Court of India

State of Punjab and Anr. v. Mis. Devans Modern Breweries and Anr. Etc.

Neutral citation
Reported as [2003] SUPP. 5 S.C.R. 930
Bench V.N. Khare, R.C. Lahoti, B.N. Agrawal, S.B. Sinha and Dr. Ar. Lakshmanan JJ.
Decided 20 November 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

30 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the theory that the object and form of the State action determine the extent of protection which the aggrieved party may claim is not consistent with the constitutional scheme.

Judgment, page 125

From the headnote

Constitution of India : 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. Arts. 30I, 304-Trade in liquor-Applicability of-Permissive 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

Authorities it was built on

Where later benches applied it

Of those, 3 relied on · 10 referred to · 16 mentioned · 1 not applicable

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