LexSYED AHMED AGA ETC. versus STATE OF MYSORE & ANOTHER
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T • I SYED AHMED AGA ETC. v. STATE OF MYSORE & ANOTHER May 2, 1975 [H. R. KHANNA, M. H. BEG ANDY. V. CHANDRACHUD, JJ.] Constitution-Articles 19(1) (g), 304(b) & 32-Whether a 32 petition main- tainable to chalfenf(e oon-conipliance with proviso to Article 304(b)--Mysore Silk Worm Seed & Cocoon (Regulation of Production, Supply & Distribution) Act. · 1960--A1nendn1ents whether requires fresh sanction rl the President under Article 304(b)-lncrease in quantum of pe1Ullty whether amounts to -473 A B additional restrict~ons-Nature of penalty. C The petitioners challenged the validity of amendments made to Mysore Silk Worm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1960, on the ground that the -amendments imposed aditional restrictions upon the rights of the petitioners to carry on trade and business without obtain- ing the Presidential sanction required by proviso to Art. 304(b) of the Consti- tution.· The Principal Act had received the sanction of the President. 1bc reasona- D bleness of any restrictions e~ther of th~ principal Act or of the amendments has net been challenged. It is not disputed that the Presidential sanction was not obtained for th~ amendments. The respondents contended- ( I) No petition under Article 32 of the Constitution can lie to challenge restrictiom covered by Article 304(b), since the freedom of trade envisaged E by Article 304(b) is different from freedom of trade guaranteed by Art. 19(1) (g). (2) The amendments did not impose additional restrictions on the peti- tiooers' right to carry on trade and business. Amendments merely introduced the restrictions which were contained in the principal Act and the statutory roles 1nade thereunder and therefore did not impose any additional restrictions. Section 12 of the princ!ral Act reads as under : "12. Penalties---(!) Any person who contravenes the provisigns of section 3 er 4 shall be punishable with fine which may extend to one hundred rupees. (2) any rearer who contravenes the provisions of section 6 or 7 or any other provision of this Act or any rule, order or notification! made thereunder, shall be punishable with fine which may extend to fifty rupees. (3) Any licensed buyer who contravenes the provisions ·of sections 7 or 8 or any other provision of this Act or any rule, order or notifi-~ cation made thereunder, shall be punishable with fine which may extend to two hundred and fifty rupees. (4) Save as otherwise provided in sub-section (!), (2) and (3), any person who contravenes any of the provisions Of this Act or of any rule. order or notification thereunder, shall be punishable with fine which may extend to t\vo hundred and fifty rupees. (5) (a) Without prejudice to any punishment under the preceding sub~sections the Director of Sericulture in Mysore may, after giving a reasonable opportunity to the person conc.erned to be heard suspend or cancel the licence granted to any person for preparing silk~ worm seed if such person is convicted at least twice for an offence under this Act. - F G H • 474 A B c D E SUPREME COURT REPORTS (1975] SUPP· S.C.R. . (b) Any person aggrie\'e<l by the suspension or cancellation of a. licence under clause (a) may :.ippeal to the Government within such time as may be prescribed and the decision of the Government on such appeal shall be final and shall not be 'called in question in anv Couri of Law". · Amendments to section 12 \Vere made by section 7 and 8 of the ,-\mending Act which read as under :- "7. Amendment of section 12. Jn s-ection 12 of the rincipal Act,- (1) in suf>..section (1), for the words "one hundred rupees··, the words "two hundred rupees" shall be substituted; (2) in sub-section (2), for the words and figures ;.section 6 or 7 qr any other provision of this Act or any rule, ordler or notification made thereunder", the words, figures, brackets and letter, "section 6'1 or clause (a) of sub-section (I) of section T' shall be substituted; (3) after sub-section (2), the following sub-section shall be inser- ted. namely :- "(2A) Any person who contrav~nes the provisions of clause (b) of sub-section (1) of section 7 or sub-section (2) of that section shall be punishable with imprisonment which may extend td three months or with fine which may extend to five hundred ntpees or with both" ; (4) for sub-section (3), the following sub-section shall be substituted, namely :- "(3) A
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