( 1 ) THE petitioners in all these cases are dealing in a kind of jaggery which is known as rotten gur. They challenge in all these petitions the vires of sec. 2 (39a) sec. 64 sec. 64a and sec. 70a of the Bombay Prohibition Act 1949 The impugned sections were inserted by Gujarat Legislature by enacting Bombay Prohibition (Gujarat Amendment) Act 1978 The Act was preceded by an Ordinance. We may state that the Ordinance was in the same terms as the Amendment Act is. The Ordinance was promulgated in 1977.

( 2 ) THE contentions which have been raised on behalf of the petitioners are as follows :- (1) The impugned provisions are in the nature of restrictions on freedom of trade commerce and intercourse guaranted by Art 301 and are not saved by Art. 304. (2) The impugned provisions impose an unreasonable restriction on the fundamental right guaranteed to the petitioners under Art. 19 (1) (g) of the Constitution. (3) The impugned provisions are ultra vires the legislative competence of the State Legislature under Entry 8 in the State List. Before we examine the three contentions which have been raised on behalf of the petitioners it is necessary to state tha