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1951 Supreme(SC) 37

S.MURTAZA FAZAL ALI, B.K.MUKHERJEE, M.PATANJALI SASTRI, S.R.DASS, VIVIAN BOSE
State Of Bombay – Appellant
Versus
F. N. Balsara – Respondent


Advocates:
C.K.DAFTARY, G.N.Joshi, H.M.SIRVAI, M.C.SETALVAD, M.M.Desai, N.A.PALKHIWALA, N.P.ENGINIR, P.A.Mehta, R.A.GAGRAT, R.J.KOLAG, RAJINDAR NARAIN

Judgment

FAZL ALI, J.: These appeals arise from the judgment & order of the High Court of Judicature at Bombay upon the application of one F. N. Balsara (hereinafter referred to as the petitioner), assailing the validity of certain specific provisions of the Bombay Prohibition Act, 1949 (Bombay Act No. XXV of 1949), as well as of the Act as whole. The petitioner, Claiming to be an Indian citizen, prayed to the High Court inter alia for a writ of mandamus against the State of Bombay & the Prohibition Commissioner ordering them to forbear from enforcing against him the provisions of the Prohibition Act & for the issue of a writ of mandamus ordering them (1) to allow him to exercise his right to possess, consume & use certain articles, namely, whisky, brandy, wine, beer, medicated wine, eau-de-cologne, etc., & to import & export across the Customs frontier & to purchase, possess, consume & use any stock of foreign liquor, eau-de-cologne, lavender water, medicated wines & medicinal preparations containing alcohol, & (2) to forbear from interfering with his right to possess these articles & to take no steps or proceedings against him, penal or otherwise, under the Act. The petitioner








































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