Case Note & Summary
The case involved a challenge by wholesale dealers of foodgrains against the Uttar Pradesh Government's restrictions on the possession and movement of wheat. The petitioners contended that the Notification No. P-XXIX-Food-5-5(42)/80, which limited the stock of wheat to 250 quintals for wholesale dealers, violated their fundamental rights under Articles 14, 19(1)(g), and 301 of the Constitution. They argued that the restrictions imposed by the State Government through a teleprinter message dated March 31, 1981, were arbitrary and lacked legal sanction. The court examined the constitutional validity of the restrictions and the powers of the State Government under the Essential Commodities Act, 1955. It was noted that the State had a duty to regulate trade in essential commodities to prevent black marketing and ensure fair prices. The court found that the restrictions were reasonable and necessary for the public interest, thus upholding the legality of the stock limits and the seizure of wheat. The court dismissed the petitions, affirming that the actions taken by the State were within its executive powers and did not violate the petitioners' rights. The decision emphasized the balance between individual rights and the common good, stating that reasonable restrictions are permissible under the Constitution.
Headnote
A) Constitutional Law - Executive Power - Scope of Executive Power - Article 162 of the Constitution - The State Government's actions in regulating trade and commerce in foodstuffs were found to be within the scope of its executive powers, aimed at ensuring equitable distribution and preventing black marketing. The court held that such measures are necessary for public interest and do not violate the rule of law (Paras 1158-1159). B) Trade and Commerce - Reasonable Restrictions - Article 19(1)(g) and Article 301 - The stock limit of 250 quintals for wholesale dealers was deemed a reasonable restriction to prevent speculation and ensure fair prices. The court emphasized that individual rights must yield to the common good (Paras 1164-1165). C) Essential Commodities Act - Seizure of Goods - Section 6A - The court upheld the legality of the seizure of wheat under the Essential Commodities Act, stating that the actions taken were justified under the law and aimed at preventing hoarding (Paras 1170-1171).
Issue of Consideration
Whether the restrictions imposed by the State Government on the movement and possession of wheat by wholesale dealers violated constitutional rights under Articles 14, 19(1)(g), and 301.
Final Decision
The Supreme Court dismissed the petitions, holding that the restrictions imposed by the State Government were reasonable and necessary for the regulation of trade in essential commodities. The court affirmed the legality of the stock limits and the seizures made under the Essential Commodities Act, stating that the actions were justified in the interest of preventing black marketing and ensuring fair prices.
Law Points
- Constitutional validity
- executive power
- reasonable restrictions
- Essential Commodities Act
- trade and commerce regulation


