NANCOWRY TRADING CO Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a Rule for contempt of court against Mahabir Singh (Respondent no. 1) and Baldev Malhotra (Respondent No. 2), the Chief Commissioner and Deputy Commissioner respectively, of the Andaman and Nicobar Islands, for an alleged violation of the interim order issued on 4. 9. 67. in the principal rule - C. R. 1630 (W) of 1967 -a proceeding under Article 226 of the Constitution. The interim order was issued on the following terms :

(2.) WE are, again, led to what the "said purported decision and the communication" was, as to giving any further effect to which the respondents were enjoined by the interim order at injunction. This decision and the communication, dated the 6th and 11th april, 1967, respectively, are to be found at Anns. B. and C of the application for proceeding in contempt, and the contents thereof, in short are as follows: ann. B. the decision of 6. 4. 67: this is a letter addressed by the secretary to the Chief Commissioner to the petitioner-applicant, a firm called nancowrie Trading Company on the subject of grant of trading licence and says -

(3.) AT this stage, a brief narration of the facts leading to the petition under article 226 would be useful. The andaman and Nicobar Islands (Protection of Aboriginal Tribes) Rules, 1957, provides for the grant of a pass authorising the pass-holder to enter and remain in the Reserved Area of the Islands for the purposes mentioned in the Pass and a Licence authorising the licensee to carry on the trade or business mentioned in the License and subject to the conditions thereof. According to section 6 (1) of the Andaman and Nicobar islands (Protection of Aboriginal Tribes) Regulation, 1956, no person can carry on any trade or business within the Reserved Area without obtaining a licence from the Chief Commissioner. Admittedly the Nancowry group of Islands to which the petition relates, falls within the Reserved Area. The conditions of the licence oblige the licencee, inter alia, to maintain "an efficient system of procurement, supply and distribution" of the authorised articles, to hold a sufficient stock of them, and the sale or purchase of those articles shall be subject to the rates specified by the chief Commissioner.