(1.) The petitioners have challenged vires of amended Section 2 (39 -A) of the Bombay Prohibition Act,1949 amended by Gujarat Act, No. 27 of 2003.
(2.) Brief facts are as under : -
(3.) The Bombay Prohibition Act, 1949 pertains to consolidation of the law relating to the promotion, enforcement of and carrying into effect the policy of prohibition. Various provisions have been made in the Bombay Prohibition Act, 1949 for implementing the State's prohibition policy. Section 2 (39 -A) of the Bombay Prohibition Act, 1949 defines the term "rotten gur". Until 29.09.2003, Section 2 (39 -A) defining rotten gur read as under : -