Supreme Court of India · 2003-09-11
State Of Maharashtra And Ors. vs Basantilal And Anr.
- Citation / case number
- AIR 2003 SUPREME COURT 4688
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra And Ors.
- Respondent
- Basantilal And Anr.
- Bench
- N. Santosh Hegde, B.P. Singh
Judgment text excerpt
The Supreme Court held that an order made by the Minister for State (Excise) under Section 34 of the Bombay Prohibition Act, 1949 does not require authentication under Article 166 of the Constitution of India, as it is a quasi-judicial order and not an executive order. The Court found that the High Court erred in its interpretation, relying on previous judgments that were not applicable to the current case. The impugned order was set aside, and the matter was remanded to the High Court for fresh disposal, maintaining the status quo until then.