Supreme Court of India · 1965-10-08
RATAN LAL vs THE STATE OF MAHARASHTRA
- Citation / case number
- SC 1964/90371
- Court
- Supreme Court of India
- Petitioner
- RATAN LAL
- Respondent
- THE STATE OF MAHARASHTRA
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the appellant's conviction under Section 66(1)(b) of the Bombay Prohibition Act, 1949, for possessing Ayurvedic medicinal preparations containing alcohol exceeding 12% was erroneous. The Court found that on the date of attachment, the preparations were deemed unfit for use as intoxicating liquor under Section 6A(7), and a subsequent declaration by the State could not have retrospective effect. Therefore, the appellant's possession was not an offence, and the conviction was set aside.