Prohibition law and fundamental rights: arbitrary exemptions, speech restraints and excessive delegation were struck down in part.

The Bombay Prohibition Act, 1949, was upheld only in part: it could validly regulate intoxicating liquors and suppress their noxious use, but it was ultra vires insofar as it restrained the legitimate possession, use and consumption of non-beverages and medicinal or toilet preparations containing alcohol. The Court also treated certain special exemptions for military and naval establishments as arbitrary under Article 14 and invalidated the notification enlarging the foreigner exemption. Restrictions on commendation, incitement, preventive detention, movement, residence and possession were struck down to the extent they infringed Articles 19(1)(a), (d), (f) and (g). The provisions enabling permits, varying conditions and exemptions were held to be impermissible delegation, but the invalid parts were severable and the remaining Act survived.

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Issues: (i) Whether the Bombay Prohibition Act, 1949, was within the legislative competence of the Provincial Legislature in so far as it prohibited the possession, use and consumption of non-beverages and medicinal or toilet preparations containing alcohol; (ii) whether the exemptions and classifications in favour of certain classes, including military and naval establishments and foreign visitors, offended Article 14 of the Constitution of India; (iii) whether the restrictions on commendation, incitement, preventive detention, movement, residence and possession violated Articles 19(1)(a), 19(1)(d), 19(1)(f) and 19(1)(g) of the Constitution of India; (iv) whether the provisions conferring power on Government to grant permits, vary conditions and grant exemptions amounted to unconstitutional delegation; and (v) whether the invalid provisions were severable from the rest of the Act and what relief followed.

Issue (i): Whether the Bombay Prohibition Act, 1949, was within the legislative competence of the Provincial Legislature in so far as it prohibited the possession, use and consumption of non-beverages and medicinal or toilet preparations containing alcohol.

Analysis: The statutory entry permitting legislation with respect to intoxicating liquors was held to extend to liquor and allied incidents, but not to non-beverages or legitimate medicinal and toilet preparations. The prohibition of use and possession of intoxicating liquors could be sustained as an incident of prohibition, but a measure that suppressed the ordinary and legitimate use of articles not themselves intoxicants was beyond the permissible range of ancillary power. The Court also rejected the contention that such a restriction could be justified merely because it helped make the scheme watertight.

Conclusion: The Act was intra vires only to the extent of regulating intoxicating liquors and noxious use, but it was ultra vires in so far as it prevented the legitimate possession, use and consumption of non-beverages and medicinal or toilet preparations containing alcohol.

Issue (ii): Whether the exemptions and classifications in favour of certain classes, including military and naval establishments and foreign visitors, offended Article 14 of the Constitution of India.

Analysis: A classification under the equality clause must rest on a real and substantial distinction having a reasonable relation to the subject of the legislation. The special treatment of military and naval messes, canteens, warships and troopships was found to lack a rational basis connected with prohibition policy and to create arbitrary discrimination. The classification of foreign visitors and temporary residents was treated differently, but the Government notification that enlarged the foreigner exemption beyond the statutory conditions was itself inconsistent with equality and therefore invalid. The Court emphasized that equality extends to rules and notifications made under statutory authority.

Conclusion: The special exemptions in favour of military and naval establishments were void under Article 14, and the impugned notification enlarging the foreigner exemption was also void.

Issue (iii): Whether the restrictions on commendation, incitement, preventive detention, movement, residence and possession violated Articles 19(1)(a), 19(1)(d), 19(1)(f) and 19(1)(g) of the Constitution of India.

Analysis: Provisions prohibiting the commendation of liquor and the incitement or encouragement of acts that frustrate the Act were held to trench upon freedom of speech and expression because they extended beyond the limited grounds on which speech may be restricted. The preventive detention and movement restrictions under Section 136 were held to be outside the constitutional grounds on which such powers could be exercised and were also unreasonable restrictions on the freedoms of movement, residence and profession. The blanket restrictions on possession and use of non-beverages, eau-de-cologne, lavender water and medicinal or toilet preparations were also held to be unreasonable restrictions on property rights because they prevented legitimate use merely on the possibility of abuse.

Conclusion: The impugned provisions were void to the extent that they infringed Articles 19(1)(a), 19(1)(d), 19(1)(f) and 19(1)(g) of the Constitution of India.

Issue (iv): Whether the provisions conferring power on Government to grant permits, vary conditions and grant exemptions amounted to unconstitutional delegation.

Analysis: The Legislature had laid down the broad policy, but the provisions enabling Government to issue permits in undefined cases, vary or substitute statutory conditions, and exempt persons or classes from the Act enabled the executive to alter the legislative policy itself. That was treated as impermissible delegation of legislative power rather than mere conditional legislation.

Conclusion: Sections 52, 53 and 139(c) of the Bombay Prohibition Act, 1949, were void to the extent that they amounted to delegation of legislative power.

Issue (v): Whether the invalid provisions were severable from the rest of the Act and what relief followed.

Analysis: Applying the severability test, the invalid provisions were not so inextricably bound up with the entire enactment that the whole statute had to fail. The Act also dealt with abkari law, excise and other matters, and the remaining provisions could stand independently. The petitioner was therefore entitled to relief under Article 226 in respect of the provisions found void as applied to him, notwithstanding the absence of a prior formal demand specific to every prayer.

Conclusion: The invalid provisions were severable, the remaining Act survived, and relief was granted against enforcement of the void provisions as against the petitioner.

Final Conclusion: The Court upheld the Act in part but struck down the offending provisions relating to arbitrary classification, speech restrictions, preventive detention, unreasonable restraints on legitimate non-beverage and medicinal use, and unconstitutional delegation, and granted the petitioner appropriate writ relief.

Ratio Decidendi: A prohibition statute may validly regulate intoxicating liquors and suppress their noxious use, but it cannot, under the guise of ancillary power or administrative convenience, extinguish the legitimate use of non-intoxicating articles or impose arbitrary classifications, unreasonable restraints on fundamental rights, or uncontrolled executive power.

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