A.N.RAY, V.R.KRISHNA IYER
M. A. Rasheed – Appellant
Versus
State Of Kerala – Respondent
Judgement
RAY, C. J.:- These appeals are by certificate from the judgment D/- 19-11-1973 of the High Court of Kerala.
2. These appeals challenge the validity of the notification dated 26, July, 1973 issued by the State Government under Rule 114 (2) of the Defence of India Rules, 1971 hereinafter referred to as the Rules. Rule 114 (2) is as follows:
"If the Central Government or the State Government is of the opinion that it is necessary or expedient so to do for securing the defence of India and civil defence, the efficient conduct of military operations or the maintenance or increase of supplies and services essential to the life of the community or for securing the equitable distribution and availability of any article or thing at fair prices, it may, be order provide for regulating or prohibiting the production, manufacture, supply and distribution, used and consumption of articles or things and trade and commerce therein or for preventing any corrupt practice or abuse of authority in respect of any such matter.
The impugned notification is as follows:
"No. 19768/E2/73/ID Trivandrum
Dated 26th July, 1973.
S.R.O. 474/73:- Whereas use of machinery for the extraction of fibre from cocon
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