1. This a petition for the issue of a direction, writ or order restraining the State of Bombay from enforcing the provisions of the Bombay Prohibition Act and the Rules and Resolutions passed thereunder in respect of a preparation known as Halls Wine. Petitioner are the sole agents of Halls Wine in India and petitioner 2 is the Managing Director of Petitioners 1 who are private Limited Company, and petitioner 2 states in his petition that he buys, possesses and consumes tor the purposes of his Health Halls Wine.

2. In order to appreciate the questions that arise for determination on this petition, it would be convenient at the outset to set out shortly the provisions of the prohibition law of the State, the challenge partially successful to that law in the Courts, subsequent amendments in the law designed to give effects to the decisions of the Courts and the Rules made and the Resolutions passed in pursuance of the law.

Now, the Bombay Prohibition Act is a pre-Constitution Act and was passed on 16-6-1949. Total prohibition was introduced in the State of Bombay on 6-4-1950. The Prohibition Act was challenged before a Pull Bench of this Court in the case of Fram Nusservanji