Supreme Court of India · 1951-05-25
THE STATE OF BOMBAY AND ANOTHER vs F.N. BALSARA
- Citation / case number
- SC 1951/82
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BOMBAY AND ANOTHER
- Respondent
- F.N. BALSARA
- Bench
- FAZAL ALI, SAIYID,SASTRI, M. PATANJALI,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Bombay Prohibition Act, 1949, stating that the Provincial Legislatures had the authority under entry 31 of List II of the Government of India Act, 1935, to legislate on 'intoxicating liquors,' which includes possession and sale. The Court clarified that the term 'import' in entry 19 of List I does not encompass sale or possession, thus there is no conflict between the two entries. Consequently, the Act's restrictions on foreign liquors do not infringe upon the Dominion's legislative powers regarding import and export.