J. L. KAPUR, K. C. DAS GUPTA, K. N. WANCHOO, SYED JAFAR IMAM, B. P. SINHA
Hamdard Dawakhana: Kalipada Deb: Lakshman Shripati Itpure Lakshman Shripati Impore: A. B. Choudhri – Appellant
Versus
Union Of India – Respondent
J.L.KAPUR, J.
(1) THESE petitions under Art. 32 of the Constitution raise the question of the constitutionality of the Drug and Magic Remedies (Objectionable Advertisement) 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 respond which violated their fundamental rights under Art. 19(1)(a) and 19(1)(f) & (g). They also challenged the Act because it contrvened the provisions of Art. 14 and Arts. 21 and 31.
(3) THE Act passed on 30/04/1954, came into force on 1/04/1955, 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 thei
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