Appeal under Article 132 1 of the Constitution of India from the Judgment and Order dated the 22nd August, 1950, of the High Court of Judicature at Bombay in Miscellaneous Application No.
139 of 1950.
2843/49, dated the 6th April, 1950, and Notification No.
182 and respondents in Case No.
The petitioner, claiming to be an Indian citizen, prayed to the High Court inter alia for a writ of mandamus against the State of Bombay and the Prohibition Commissioner ordering them to forbear from enforcing against him the provisions of the Prohibition Act and for the issue of a writ of manda mus ordering them 1 to allow him to exercise his right to possess, companysume and use certain articles, namely, whisky, brandy, wine, beer, medicated wine, eau de cologne, etc.,
and to import and export across the Customs frontier and to purchase, possess, companysume and use any stock of foreign liquor, eau de cologne, lavender water, medicated wines and medicinal preparations companytaining alcohol, and 2 to for bear from interfering with his right to possess these arti cles and to take numbersteps or proceedings against him, penal or otherwise, under the Act.
C. Setalvad and C.K. Daphtary M. M. Desai and H.M. Seervai with them for the appellants in Case No.
CIVIL APPELLATE JURISDICTION.
10484/45 c and 2843/49 a , dated the 30th March, 1950, invalid.
The Act companysists of 148 sections with 2 schedules and is divided into 11 chapters.
2843/49, dated the 11th April, 1950.
P. Engineer G. N. Joshi, R.J. Kolah and N.A. Palki wala, with him for the respondent in Case No.
The Act in question was passed by the Legislature of the Province of Bombay as it was companystituted in 1949, and was published in the Bombay Government Gazette on the 20th May, 1949, and came into force on the 16th June, 1949.
May 25.
Both the State of Bombay and the petitioner, being dissatisfied with the judgment of the High Court, have appealed to this Court after obtaining a certif icate from the High Court under article 132 1 of the Con stitution.
XXV of 1949 , as well as of the Act as whole.
Chapter II relates to establishment and is number relevant to the present appeal.
The petitioner also prayed for a similar order under section 45 of the Specific Relief Act against the respondents.
182 and appellant in Case No.
The Judgment of the Court was delivered by FAZL ALI J. These appeals arise from the judgment and order of the High Court of Judicature at Bombay upon the application of one F.N. Balsara hereinafter referred to as the petitioner , assailing the validity of certain specific provisions of the Bombay Prohibition Act, 1949 Bombay Act No.
