IV of 1333 Fasli, hereinafter referred to as the 1333 F Act as amended by the Hyderabad Opium and Intoxicating Drugs Amendment Act, No.
2 of 1930 by the Opium and Revenue Laws Extension of application Act, No.
Appeal by special leave from the judgment and order dated March 30, 1963 of the Andhra Pradesh High Court in W.P. No.
In companysequence there was numberlaw in force on the basis of which the Rules companyld be promulgated in 1962.
23 of 1940 by the Part B States Laws Act, No.
The petition was opposed on behalf of the State, and it company tended that there was numberrepeal of the 1333 F Act by the introduction of the Dangerous Drugs Act 1930 and the Drugs Act, 1940, and companysequently the amendment of the 1333 F Act by the Hyderabad Act No.
The appellant then applied for a certificate for leave to appeal to this Court, which was refused.
33 of 1950, and of the Drugs Act, No.
649 of 1964.
The appellant refused to do so and in November 1962 filed a writ petition in the High Court challenging inter alia the validity of the Rules.
It was further companytended that the Rules were intra vires the 1333 F Act as amended in 1953 as chloral hydrate was a narcotic and an intoxicating drug.
In companysequence of the issue of the Rules, the appellant was called upon to take out a licence and pay the necessary excise duty.
It may be mentioned that the Rules were issued under the Andhra Pradesh Telangana Area Intoxicating Drugs Act, No.
22 of 1953 was good, and the 1333 F Act as amended was in force in 1962 when the Rules were framed.
Act, No.
The appellant manufactures drugs in Hyderabad and among the drugs manufactured by it is chloral hydrate.
The main companytention of the appellant in the High Court was that the 1333 F Act had been repealed in toto on the introduction of the Dangerous Drugs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Wanchoo, J. This is an appeal by special leave against the judgment of the Andhra Pradesh High Court.
Secondly, it was companytended that even if the 1333 F Act did number stand repealed as above, the Rules framed by the State of Andhra Pradesh in 1962 with respect to chloral hydrate were number within the powers companyferred by the 1333 F Act as amended in 1953, as chloral hydrate was number a narcotic or narcotic drug and was number companyered by item 51 of List II of the Seventh Schedule to the Constitution.
XXII of 1953.
Arun B. Saharya and Sardar Bahadur, for the appellant.
III of 1951, and therefore there was numberpower in the Hyderabad legislature to amend it by Act 22 of 1953.
Ram Reddy and T. V. R. Tatachari, for respondent No.
In September 1962, the State of Andhra Pradesh issued rules called the Andhra Pradesh Telangana Area Chloral Hydrate Chloral Rules, 1962 with respect to manufacture, possession, sale, import, export and transport of chloral hyd rate hereinafter referred to as the Rules .
1061 of 1962.
5001 per annum.
The Rules also provide for possession, import, export, sale and transport of chloral hydrate.
