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State Of Maharashtra vs Bharat Shanti Lal Shah & Ors on 1 September, 2008
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State Law are different from the grounds covered by Section 5(2) of the Telegraph Act, inasmuch as the State law authorizes the interception as it is intended to prevent the commission of an organised crime or to collect the evidence of such an organised crime. He, therefore, contented that the constitutional validity cannot be questioned on the ground of want of legislative competence of the State Legislature to enact such a provision. 13 14.It was further submitted that Entries in List I, II and III must receive a broad and liberal construction. Reference to the doctrine of pith and substance was also made. 15.It was also contended that the findings recorded by the High Court with regard to the repugnancy of provisions of Sections 13 to 16 of the MCOCA have been arrived at by misconstruing the provisions of the Central Act as also the State Act. The learned counsel for appellant drew our attention to the findings recorded in paragraph 48 of the impugned judgment of the High Court which contains a comparative chart on the basis of which the High Court has come to the conclusion that there was repugnancy. It was pointed out that

light of the aforesaid, we are required to answer the issues which are specifically raised before us, relating to the constitutional validity of Sections 13 to 16 as also Section 21 (5) of MCOCA, on the ground of lack of legislative competence and also being violative of the fundamental rights guaranteed in Part III of the Constitution or of any other constitutional provision. 22.Before we proceed to record our findings and conclusions in relation to the contentions raised before us it would be necessary to survey and 19 notice some of the provisions of Constitution and well established doctrine and principle which are relevant for the purpose of our decision. 23.Chapter 1 of part XI of the Constitution deals with the subject of distribution of legislative powers of the Parliament and the legislature of the States. Article 245 of the Constitution provides that the Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State. Article 246 of the Constitution relates to the subject matter of laws made by the Parliament and State Legislatures. It declares