- (1.) The petitioners are Chemists & Druggists in the town at Kapurthala. They are registered under the Drugs and Cosmetics Act, 1951, and carry on the business of purchase and sale of medicines. The Municipal Committee, Kapurthala, amended its Dangerous and Offensive Trade Bye-laws framed in exercise of powers conferred under Sections 121 and 188 of the Punjab Municipal Act, 1911, (hereinafter the Act) vide notification dated March, 3, 1977, (P.1) and vide entry at Serial No. 30 prescribed annual fee of Rs. 200/- for licence for carrying on the business of medicines and Drugs (by Chemists and Druggists). The Municipal Committee by resolution dated April 27, 1977, reduced the annual licence fee for Chemists and Druggists from Rs. 200/- to Rs. 10/-. The petitioners have assailed the notification P.1 relating to item No. 30 in the present writ.
(2.) The learned Counsel for the petitioners have argued that the Municipal Committee has no authority to make bye-laws prescribing licence fee for carrying on the business of medicines and Drugs (by Chemists and Druggists) under Section 121 of the Act and as such the impugned notification relating to item No. 30 is liable to be quashed.
(3.) The relevant part of section 121 of the Punjab Municipal Act reads : "121. Regulation of offensive and dangerous trade. - (1) No place within a municipality shall be used for any of the following purposes : as a yard or depot for trade in unslaked lime, hay, straw, that thing- grass, wood, charcoal or coal or other dangerously inflammable material; as a store-house for any explosive or for petroleum or any inflammable oil or spirit; except under a licence from the committee which shall be reviewable annually";