LAWS(GJH)-1980-8-11

KANTILAL AND CO Vs. STATE OF GUJARAT

Decided On August 12, 1980
KANTILAL AND CO. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioners in all these cases are dealing in a kind of jaggery which is known as rotten gur. They challenge in all these petitions the vires of sec. 2 (39A) sec. 64 sec. 64A and sec. 70A of the Bombay Prohibition Act 1949 The impugned sections were inserted by Gujarat Legislature by enacting Bombay Prohibition (Gujarat Amendment) Act 1978 The Act was preceded by an Ordinance. We may state that the Ordinance was in the same terms as the Amendment Act is. The Ordinance was promulgated in 1977.

(2.) The contentions which have been raised on behalf of the petitioners are as follows :-

(3.) That order was replaced by another order which the Government of Bombay made on 6th November 1958 under clause (b) of sec. 139 of the Bombay Prohibition Act 1949 It defined rotten gur in the following terms:-