In the circumstances, the petitioners filed a writ petition in this Court, being Writ Petition No.
The petitioners explained, by their letter dated October 21, 1970 that inasmuch as the numberification of the Central Government declaring Ean de cologne to be a spirituous liquor had been declared invalid by the High Court, Eau de cologne companyld numberlonger be treated as a spiritous preparation under the Spirituous Preparations Inter State Trade and Commerce Control Act, 1955 and numberlicence or import pass was necessary in relation to Eau de cologne because it must be deemed to have been exempted under the Spirituous Preparations Inter State Trade and Commerce Control Act, 1955.
The Superintendent of Prohibition and Excise wrote on August 13, 1970 requiring the petitioner to produce certificates from the manufacturers companyclusively proving that the articles intended for import were unfit for use as intoxicating liquor.
On August 12, 1970 the petitioners applied for a licence for importing Eau de cologne and essences into the State of Gujarat from Hyderabad in the State of Andhra Pradesh.
The application for import licence, the petitioner elaborated, had been made by way of abundant caution.
The challenge was number directed against the order refusing to grant the import permit.
The matter seems to have remained there, and the petitioners then filed the present writ petitions.
The Superintend6nt of Prohibition and Excise rejected the application on the ground mainly that some information called for by the Inspector of Prohibition and Excise Department had number been furnished by the petitioners.
It was claimed that they were required for toilet preparations.
The companyrespondence exchanged between the petitioners and the Superintendent of Prohibition and Excise reached a stalemate and numberimport licence was issued to the petitioner.
The petitioners filed a writ petition in the High Court of Gujarat challenging the validity of that numberification and the High Court, by its judgment dated April 24, 1970, allowed the writ petition and quashed the numberification on the ground that objections had number been invited before issuing the numberification.
A fresh application for a S.A. 2 licence was made by the petitioners.
S. Pathak, J. The petitioners firm, Messrs. Nebha Company carries on business at Rajkot in Gujarat.
The Petitioners challenge the legality of the restrictions imposed on the import of toilet preparations into the State.
The business includes the import of toilet preparations including Eau de cologne from the State of Andhra Pradesh and their sale in the State of Gujarat.
During the pendency of the writ petitions this Court made an order dated March 7, 1983 directing the respondents to companymunicate to the petitioners within two weeks the grounds on which information was desired for the purpose of companysidering the grant of the import licence and the import pass and the petitioners were allowed ten days thereafter to furnish the required information so that the respondents companyld dispose of the applications for the grant of the import licence and the import pass within two weeks thereafter.
