RAZAKBHAI ISSAKBHAI MANSURI AND OTHERS ETC. ETC. versus STATE OF GUJARAT AND ORS.

RAZAKBHAI ISSAKBHAI MANSURI AND OTHERS ETC. ETC. versus STATE OF GUJARAT AND ORS.

Amendments to the Bombay Prohibition Act, 1949, regulating possession and manufacture of 'rotten gur', are within the legislative competence of the State under Entry 8, List II (Seventh Schedule), are not violative of Articles 14, 19(1)(g), or 301, and constitute reasonable and justified restrictions in public interest to further the policy of prohibition.

Parties
Appellant/petitioner: Razakbhai Issakbhai Mansuri and others; Respondent: State of Gujarat and others
Jurisdiction
India
Judgment Date
04 December 1992
Procedural Posture
Writ Petition (civil) and Civil Appeals and Special Leave Petitions / Final Judgment
Outcome
Petitions and appeals dismissed
Legal Topics
Legislative Competence, Constitutional Validity, Prohibition Policy, Reasonableness of Restrictions, Regulatory Powers Concerning Intoxicating Liquor
Constitutional Law Administrative Law Criminal Law Legislative Competence Constitutional Validity Prohibition Policy Reasonableness of Restrictions Regulatory Powers Concerning Intoxicating Liquor

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Parties

Razakbhai Issakbhai Mansuri and others

Appellant/petitioner

State of Gujarat and others

Respondent

Procedural Posture

Writ Petition (civil) and Civil Appeals and Special Leave Petitions / Final Judgment

Legal Issues

  1. 1 Whether amendments to the Bombay Prohibition Act, 1949 regulating possession and manufacture of 'rotten gur' are ultra vires due to lack of legislative competence
  2. 2 Whether Sections 2(39A), 64, 64A are violative of Articles 14, 19(1)(g), and 301 of the Constitution
  3. 3 Whether regulatory measures regarding 'rotten gur' are excessive, arbitrary, or unreasonable

Ratio Decidendi

Amendments to the Bombay Prohibition Act, 1949, regulating possession and manufacture of 'rotten gur', are within the legislative competence of the State under Entry 8, List II (Seventh Schedule), are not violative of Articles 14, 19(1)(g), or 301, and constitute reasonable and justified restrictions in public interest to further the policy of prohibition.

Court Disposition

Petitions and appeals dismissed

Orders

  • Writ petitions, civil appeals, and special leave petitions are dismissed without costs.