BEHRAM KHURSHED PESIKAKA vs THE STATE OF BOMBAY.REFERENCE UNDER ARTICLE 145(3) OF THE

The Supreme Court held that a part of Section 13(b) of the Bombay Prohibition Act, 1949, was rendered unconstitutional under Article 13(1) of the Constitution, making it unenforceable. The Court clarified that once a law is declared unconstitutional, it ceases to have legal effect, and the prosecution bears the onus to prove that the alcohol in question falls under the enforceable part of the statute. The dissenting opinion suggested that the accused could use the declaration as a defense, shifting the burden of proof to them.