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1990 Supreme(SC) 168

SABYASACHI MUKHARJEE, M. M. PUNCHHI
B. Krishna Bhat – Appellant
Versus
Union Of India – Respondent


Advocates:
N.D.R.RAMACHANDRA RAO, VINIT KUMAR

Judgment

SABYASACHI MUKHARJI, C.J.I.- This is a petition under Article 32 of the Constitution of India. The petitioner claims to be "a public spirited individual". He further claims to be a person aggrieved and seeks to assail the constitutional validity of the State of Karnataka and the Union of India not promoting, enforcing and carrying out the policy of prohibition i.e. manufacturing, sale and consumption of intoxicating drinks and drugs throughout the country - India - Bharat, and also assails the constitutional validity of sub-clause (b) of Rule 11 of the Karnataka Excise (Sales of Indian and Foreign Liquors) Rules, 1968 as amended by the Karnataka Excise (Sale of Indian and Foreign Liquors) (Amendment) Rules, 1989 which came into force on September 10, 1989.

2. The petitioner refers to the Preamble to the Constitution which, according to him, explains the general purpose behind the general provisions of the Constitution. He refers to Mahatama Gandhi and his commitment to prohibition. According to the petitioner, manufacture, sale and consumption of intoxicating drinks and drugs have become a stumbling block and a dangerous dragon to the progress and stability of the nation as






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