Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Prohibition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Prohibition Act, 1949 (25 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Prohibition Act, 1949-Section 58(A)-Constitutional validity of-Supervision under-Legality of Constitution of India, 1950- Article 136--Appeal-Matter not contended before High Court whether permitted to contend in appeal. The appellant, a company registered under the Indian Companies Act, 1956, was using industrial alcohol as one of the raw materials for manufacturing resins, chemicals, sodium carboxy methyl, cellulose and certain other chemicals. In May, 1970, the company installed its own distillery for the purpose of manufacturing industrial alcohol from mollasses. The respondent No. 2 on 3.7.1969 issued a licence to the company for manufacturing spirit. In accordance with the conditions No. 2 and No. 3, the respondent No. 2 appointed a 9 member supervisory staff consisting of one Inspector, one Sub-Inspector, one Nayak, one Jamadar and five constables, to supervise the manufacture of the spirit in the company's distillery plant. The appellant-company was required to provide residential accommodation to the supervisory staff within its factory premises and to deposit supervisory charges from time to time. The company complied the requirements. In 1973 the appellant-company filed a Civil Application in the High Court challenging the constitutional validity of the Section 58(A) of the Bombay Prohibition Act, 1949. The High Court dismissed the petition, hence this appeal by certificate granted by the High Court under Articles 132(1) and 133(1)(a) of the Constitution.The appellant-company contended that this Court in Synthetics and Chemicals Ltd. case, (1989] Supp.1 SCR 623 held that in respect of industrial alcohol, the States had no power to impose. the impost; that in view of the judgment of this Court, the theory of privilege as adumbrated by the High Court could not be sustained, and that there was no quid pro quo. The respondent-State submitted that the Synthetics and Chemicals Ltd. case dealt merely with the vend fees, and not about supervisory charges. |
Judge | Hon'ble Mr. Justice S. Mohan |
Neutral Citation | 1992 INSC 47 |
Petitioner | Gujchem Distillers India Ltd. |
Respondent | State Of Gujarat And Anr. |
SCR | [1992] 1 S.C.R. 675 |
Judgement Date | 1992-02-17 |
Case Number | 350 |
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