Decided on March 14,1955

STATE Respondents


- (1.) This is a reference made by the Bench First Class Magistrates Court, Trivandrum, in C.C. No. 1188 of 1954 under S. 432(1) of the Criminal Procedure Code. The following two questions have been referred:- 1. Whether the resolution of the Trivandrum City Corporation Council dated 15.2.1121 to impose license fee for chemical preparations is invalid and imperative 2. Whether license fee can be imposed for storing Arishtom and Azavam.
(2.) The accused, an Ayurvedic Physician, is the proprietor of Kalady Vaidyasala. He is treating in-patients as also out-patients in his Vaidyasala and is himself manufacturing the required medicines. Among the medicines manufactured and stored by him are Aristoms and Azavoms. His Vaidyasala where the medicines are made and patients are treated is located within the limits of the Trivandrum Corporation. The Trivandrum City Municipal Act IV of 1116, applies to the case. Under S. 295 of the Act the Corporation Council passed a resolution dated 15.12.1121 imposing a license fee of Rs. 36 on the accused for chemical preparations - storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. The specific charge against the accused was that he was storing Arishtoms and Azavoms in his Vaidyasala from 1.4.1953 and that he has not taken the license nor paid the license fee of Rs. 36 fixed for the purpose. A preliminary contention was raised before the Magistrates Court that the case involves questions of law relating to the validity of the law which enabled the imposition of the license fee. A reference to this Court of these questions was prayed for by the accused. Hence this reference.
(3.) The court below was of the opinion that the Act under which the license fee was imposed contravenes Clause.(f) and (g) of Art. 19 of the Constitution of India. That court was further of the opinion that Schedule.4 to Act IV of 1116 which catalogues the various items for which license is to be taken under S. 295 does not apply to the preparation or storing of Arishtoms and Azavoms because the item chemical preparations - Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever within which the activity of the accused was considered by the Corporation to come is inapplicable.;

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