Advocates:
B.M.MISTRY, GANAPATHY IYER, J.B.DADACHAN, M.C.SETALVAD, P.G.COKHALE, PARAS A.MEHTA, R.D.CHADHA, R.H.Dhebar, RAJENDER NARAIN

Key Points: - The appellant was acquitted by the Presidency Magistrate of charges under Section 66(b) of the Bombay Prohibition Act and Section 338 IPC but convicted by the High Court under Section 66(b) (!) (!) (!) . - The doctor found the appellant's breath smelling of alcohol but opined he was not under its influence, having taken alcohol in some form (!) . - The appellant claimed he consumed B.G. Phos, a medicinal tonic containing 17% alcohol, after dinner on the night of the accident (!) (!) (!) . - In Balsara's case, the Supreme Court declared Section 13(b) invalid only insofar as it prohibited consumption of liquid medicinal or toilet preparations containing alcohol (!) (!) (!) . - The High Court placed the burden on the accused to prove consumption of permitted medicinal alcohol under Section 105/106 Evidence Act, following its prior decision (!) (!) (!) . - A three-judge bench split on burden of proof, leading to reference under Article 145(3) to a Constitution Bench on the effect of the Balsara declaration (!) (!) (!) . - The Constitution Bench (majority) held the declaration renders the relevant part of Section 13(b) inoperative and unenforceable against citizens; prosecution must prove consumption of prohibited liquor (!) (!) (!) . - Doctrine of waiver does not apply to fundamental rights; American views on statutes affecting only parties do not apply due to Article 141 (!) (!) . - No exception or proviso is engrafted onto Section 13(b); courts cannot rewrite statutes (!) (!) . - Final outcome: prosecution failed to prove prohibited liquor was consumed; conviction quashed (!) (!) .

What is the effect of the declaration in State of Bombay v. F.N. Balsara that Clause (b) of Section 13 of the Bombay Prohibition Act, 1949, is void under Article 13(1) of the Constitution in so far as it affects the consumption or use of liquid medicinal or toilet preparations containing alcohol? [p_139][p_144]