Gujarat High Court
Malay Devendra Patel vs State Of Gujarat on 22 February, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/SCA/16452/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16452 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 832 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 803 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 799 of 2019
With
R/WRIT PETITION (PIL) NO. 12 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 801 of 2019
==========================================================
RAJIV PIYUSH PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR B S SOPARKAR(6851) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 2
MS. MANISHA SHAH, GOVERNMENT PLEADER/PP with MS. NISHA
THAKORE, ASSISTANT GOVERNMENT PLEADER for Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 22/02/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) In view of challenge to the following sections of the Gujarat Prohibition Act, 1949 which are Section 12: Prohibition of manufacture of liquor and construction and working of distillery or brewery, Section 13: Prohibition of sale, etc. of liquor, Section 24-1B: Prohibition of entry in State in intoxicated condition, Section 34: Vendor's Licences, Section 35: Hotel Licences, Section 39: Permission to use or consume foreign liquor on [***] warships, troopships and in [messes and canteen of armed Page 1 of 2 Downloaded on : Sun Jun 14 15:29:32 IST 2020 C/SCA/16452/2018 ORDER forces], Section 40: [Temporary resident's permits], Section 40A:
Health Permits, Section 40B : Emergency Permits, Section 41:
Special permits to foreign sovereigns etc., Section 46 : Visitor's permit, Section 46A: Tourist's permit, Section 47: Interim permits, Section 65: Penalty for illegal import, etc of intoxicant or hemp, 65AA: Manufactures laththa, Section 66: Penalty for illegal cultivation and collection of hemp and other matters and for the following Rules of the Bombay Foreign Liquor Rules, 1953 which are Rule 63: Temporary resident's permit, Rule 64: Health permit, Rule 64 A: Health permit to persons over [65 years] of age without medical examination, Rule 64 B: Health permit to certain persons without medical examination, Rule 64 C: Health permit to a retired member of Armed Forces without medical examination, Rule 67 : Emergency permit, Rule 68: Special permit for privileged personages, Rule 69: Visitor's permit, Rule 70: Interim permit, Rule 70A: Tourist's permit, for being ultra vires under Articles 14, 19 and 21 of the Constitution of India, issue notice returnable on 28.03.2019.
Notice to go to the learned Advocate General for the State of Gujarat and respondents. Ms. Nisha Thakore, learned AGP waives service of notice on behalf of the respondents.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) Bimal Page 2 of 2 Downloaded on : Sun Jun 14 15:29:32 IST 2020