( 1 ) THIS is an application for the issue of an appropriate writ against the State of Andhra Pradesh to forbear from enforcing the Notification, G. O. Ms. No. 1376, Revenue dated 5/09/1962, issued under the Hyderabad Intoxicating Drugs Act (Act IV of 1333 F.) (hereinafter referred as the Intoxicating Drugs Act), of rules for the manufacture, possession, sale import, export and transport of Chloral Hydrate, a drug within the meaning of the Drugs Act of 1940. One of the rules provided inter alia that the manufacture of the said drug shall be under a licence granted by the Excise Commissioner on payment of Excise duty of Rs. 500. 00 per annum. It would not be necessary to refer to the other specific rules.

( 2 ) THE petitioners, three in number, Messrs. Indian Chemical and Pharmaceutical Works, Hyderabad, Messrs. Pankaj Chemical and Pharmaceutical Works, Hyderabad and Messrs. Commercial Chemical Co. , Sanathnagar, Hyderabad, are the manufacturers of the said drug under the licences issued under the Drug Rules framed under the Drugs Act of 1940. They challenge the notification of the respondent Government as ultra vires the powers of the Government on the ground that th