SATISH CHANDRA, J. - (1.) THIS group of writ petitions questions the constitutional vires of S. 37-A of the U. P. Excise Act. 1910 and of the notifications issued thereunder on March 30 and 31, 1978. These notifications have, in the main, introduced total prohibition of Tari in this State and partial prohibition in respect of country-made and foreign liquors.
(2.) SOME of the petitioners are traders in Tari, some others are licence-holders in country liquor, licence-holders in foreign liquors, holders of licences in F.L. 2, F.L. 6 and F.L. 7 and Bhang and also individuals who say they am addicted to intoxicating liquors. The impugned notifications have totally banned the trade of petitioners (except petitioners in Wrft Petition No. 810 of 1978, who claim to be addicts). They all challenge S. 37-A aforesaid on the following grounds :- (1) Legislative competence (2) excessive delegation (3) contravention of Art. 19 of the Constitution; and (4) violation of Art. 14 of the Constitution. Section 37-A was brought into Excise Act by the U. P. Excise (Amendment) Act, No. 6 of 1972, which came into force on 22nd Jan, 1972. In short, S. 37-A provides for prohibition of transport and possession of intoxicants.
(3.) MR . V. P. Misra, learned counsel for the petitioners, submitted that under Entry 42 of List I of the Seventh Schedule, Parliament alone has power to legislate in respect of inter-State trade and commerce. The State legislature has no competence on this subject. Article 301 of the Constitution guarantees freedom of inter-State trade and commerce. Section 37-A (i) which prohibits import into or export from this State of intoxicants is ultra vires and also violates Art. 301.;