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1978 (8) TMI 223 - SUPREME COURTWhether the power under S. 59(f)(v) unguided and the rule framed there under is bad as arbitrary? Held that:- The provision [Section 59(f)(v)] is valid on a consideration of the criteria controlling the wide words used therein there is a minor matter remaining to be disposed of. The extract from the Section, as will be noticed, contains a clause which runs: "and the closure of such premises on special occasions". Thus, rules may be made by the Financial Commissioner for fixing the closure of licensed premises on ’special occasion’. It is thus a blanket power which is an unreasonable restriction on the licensee’s trade. Certainly if ’special occasions’ means any occasion which appeals to the mood of the Financial Commissioner or has other casual fascination for him the rule may suffer from arbitrary and unreasonable features. Gandhiji’s birthday and also Vinobaji’s birthday have been included in the licence itself. ’Special occasions’ contemplated by Sec. 59(f) (v) are not stricken by such a vice for the obvious reasons we have elaborately given in the earlier part of our argument. The occasion must be special from the point of view of the bread considerations of national solemnity. public order, homage to national figures, the likelihood of eruption of inebriate violence On certain days on account of meals, festivals or frenzied situations or periods of tension. Bapuji’s birthday, election day, hours of procession by rival communities when tensions prevail or festivals where colossal numbers of people gather and outbreak of violence is on the agenda, are clear illustrations. ’Special occasions’ cannot be equated with fanciful occasions but such as promote the policy of the statute as expounded by us earlier. There is no merit in this argument either and we reject it. Appeal dismissed.
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