Judgement

KAPUR, J. : These petitions under Art. 32 of the Constitution raise the question of the constitutionality of the Drugs and Magic Remedies (Objectionable Advertisements) Act (Act XXI of 1954) hereinafter referred to as the Act. As the petitions raise a common question of law they may conveniently be disposed of by one judgment.

2. The allegation of the petitioners was that various actions had been taken against them by the respondents which violated their fundamental rights under Art. 19(1)(a) and Art. 19 (1)(f) and (g). They also challenged the Act because it contravened the provisions of Art. 14 and Arts. 21 and 31.

3. The Act passed on April 30, 1954 came into force on April 1, 1955 along with the rules made thereunder. As provided in its preamble it was

"An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith."

The petitioners in Writ Petition No. 81 of 1959, the Hamdard Dawakhana (wakf) and another, alleged that soon after the Act came into force they experienced difficulty in the matter of publicity for their products