( 1 ) THESE two petitions challenge the validity of secs. 2 (10a) 59 and 595 of the Bombay Prohibition Act XXV of 1949 certain rules made thereunder the two notifications issued by the Government of Gujarat dated April 6 1962 and the order dated September 26 1962 refusing the wholesalers licence and the pass to import French Polish and Varnish from outside the State of Gujarat. As both the petitions raise identical questions it is expedient to dispose of both of them together by a common judgment

( 2 ) BOTH the petitioners carry on business as wholesale dealers in French Polish and Varnish and have been importing for their business these two articles from States such as the Uttar Pradesh Madhya Pradesh etc. The petitioners in Special Civil Application No. 996 of 1962 have been importing on an average about 1500 gallons of French Polish per month and have been selling the same both wholesale and retail the average monthly sale of French Polish coming to about 1500 gallons per month.

( 3 ) PRIOR to June 1 1962 there were no restrictions on the import export transport possession use consumption and sale of these articles in the State of Gujarat but as these articles are