( 1. ) THE question which arises for determination by the Full Bench in the present case is: "whether Sections 47-A to 47-D of the M. P. Excise Act, 1915 (hereinafter to be referred to as the Act) are Constitutionally valid ?

( 2. ) THE M. P. Excise Act, 1915 has been amended by the M. P. Excise (Amendment) Act, 2000 (Act No. 22 of 2000) which has come into force from 1-12-2000. The penal provision in Section 34 has been made more condign and deterrent if a person is convicted for an offence for manufacture, transport, import, export, collection, possession and sale of intoxicant if the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds fifty bulk litres. In such a case as provided in Sub-section (2) he will be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees. Sub-section (3) provides that when an offence covered by Clause (a) or Clause (b) of Sub-section (1) is committed and the quantity of liquor found at the time or in the course of detection of s