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A. N. GROVER, V. BHARGAVA, M. HIDAYATULLAH, J. M. SHELAT, K. S. HEGDE
Virajlal Manilal And Company – Appellant
Versus
State Of M. P. – Respondent
Judgment
SHELAT, J.: This appeal under certificate is directed against the judgment of the High Court of Madhya Pradesh dismissing the writ petition filed by the appellants in that Court.
2. The appellants are a partnership firm carrying on the business of manufacturing and selling bidis and purchase, stock, transport and consume for that purpose considerable quantity of tendu leaves. In 1964, the State Legislature passed the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 29 of 1964( hereinafter referred to as the Act), The Act received the Presidents assent on November 23, 1964 and was brought into force on November 28, 1964. The Act inter alia created a State monopoly in the trade of tendu leaves and under Section 5 (1) thereof prohibited anyone, excepting those mentioned therein either to purchase or transport tendu leaves, Sub-section (2) of Section 5, however, permitted a grower to transport them within the unit where they grow and a purchaser who has purchased them from the state Government, its authorised officers and agents for manufacture bidis or for exporting outside such unit under a permit and in accordance with the terms and conditions thereof. By virtue of Se
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