GOODWILL PAINT AND CHEMICAL INDUSTRY versus UNION OF INDIA AND ANR.

GOODWILL PAINT AND CHEMICAL INDUSTRY versus UNION OF INDIA AND ANR.

The power conferred by Section 5 of the Poisons Act, 1919 is not arbitrary; the discretion is guided by the scheme of the Act and public interest in health and safety. Regulation of poisons, including 'thinner', is reasonable and not discriminatory, as notifications can be area-specific based on prevailing facts and needs.

Parties
Petitioner: Goodwill Paint and Chemical Industry; Respondent: Union of India and Anr.
Jurisdiction
India
Judgment Date
27 September 1991
Procedural Posture
Writ Petition (c) No. 677 of 1988 / Final Judgment
Outcome
Petition dismissed
Legal Topics
Constitutional Validity, Regulation of Poisons, Trade Restrictions, Discrimination, Notification Under Delhi Poisons Rules
Constitutional Law Administrative Law Regulatory Law Constitutional Validity Regulation of Poisons Trade Restrictions Discrimination Notification Under Delhi Poisons Rules

Case Brief

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Parties

Goodwill Paint and Chemical Industry

Petitioner

Union of India and Anr.

Respondent

Procedural Posture

Writ Petition (c) No. 677 of 1988 / Final Judgment

Legal Issues

  1. 1 Whether Section 5 of the Poisons Act, 1919 gives arbitrary power to the State Government to include any substance as poison
  2. 2 Whether restrictions imposed on possession for sale and sale of poisonous substances are reasonable
  3. 3 Whether discriminatory application is possible due to State-wise determination of poisons

Ratio Decidendi

The power conferred by Section 5 of the Poisons Act, 1919 is not arbitrary; the discretion is guided by the scheme of the Act and public interest in health and safety. Regulation of poisons, including 'thinner', is reasonable and not discriminatory, as notifications can be area-specific based on prevailing facts and needs.

Court Disposition

Petition dismissed

Orders

  • Rule nisi discharged
  • No order as to costs