B.P.JEEVAN REDDY, K.S.PARIPOORNAN
Government Of Haryana – Appellant
Versus
Haryana Brewery LTD. – Respondent
( 1 ) LEAVE granted in both these matters.
( 2 ) CERTAIN important questions arise in these matters which, in our opinion, require to be decided authoritatively by a Constitution bench. Much water has flowed since the decision of the seven-Judge Constitution bench of this court in Synthetics and Chemicals Ltd. v. State of U. P In State of A. P. v. Mcdowell and Co. it has been held by a three-Judge bench of this court that so far as intoxicating liquors are concerned, their production, manufacture, possession, transport, purchase and sale is the exclusive province of the States by virtue of Entry 8 of List II. It has also been held that the imposition of prohibition and levy of duties thereon is also the prerogative of the States alone. In Vam Organic Chemicals Ltd. v. State of U. P. it has been held by a two-Judge bench of this court that the decision in synthetics and Chemicals was concerned only with industrial alcohol and that so long as any alcoholic preparation can be diverted to human consumption, the States have the power to legislate in that behalf and also to impose taxes. It has been held that rectified spirit can be converted into country liquor by mere addition of water
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