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1999 Supreme(Mad) 1921

B.P.SINHA, K.C.DAS GUPTA, K.N.WANCHOO, J.L.KAPUR, S.J.IMAM
Hamdard Dawakhana – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Dr. K. M. Munshi and N.C. Chatterjee, Senior Advocates (L.R. Das Gupta, G.K. Munshi, D.N. Mukherjee and R. Gopalakrishnan, Advocates, with them), for petitioners.
C. K. Daphtary, Solicitor-General of India and H.N. Sanyal, Additional Solicitor-General of India (B.R.L. Iyengar, R.H. Dhebar and T.M. Sen, Advocates, with them) for Respondents Nos. 1 to 10.G. N. Dikshit and C.P. Lal, Advocates for Respondent No. 11. R. Gopalakrishnan, Advocate, for the Intervener.

Judgment

Kapur, J.

These petitions under Article 32 of the Constitution raise the question of the constitutionality of the Drug and Magic Remedies (Objectionable Advertisement) 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.

The allegation of the petitioners was that various actions had been taken against them by the respondents which violated their fundamental rights under Article 19

(1)(a) and 19(1)(f) and (g). They also challenged the Act because it contravened the provisions of Article 14 and Articles 21 and 31.

The Act passed on April 30, 1954, came into force on April, 1, 1955, along with the Rules made there under. 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 and v

























































































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