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may 1951

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.

THE STATE OF BOMBAY AND ANOTHER vs F.N. BALSARA · Niyam