- (1.)This is an appeal from a judgment of the High Court of Judicature at Bombay dismissing an appeal from a conviction and sentence by the Presidency Magistrate, Fifth Court, Bombay, for an offence under the Bombay Abkari Act (V of 1878).
(2.)The appellant was charged with having in her possession, in contravention of the Act, a quantity of foreign liquor (While Label Scotch Whisky) in excess of the limit permitted under a Government notification dated July 20, 1948, issued under the Act, and she was convicted and sentenced to a term of three months rigorous imprisonment and a fine of Rs. 500, or in default to a further term of six weeks rigorous imprisonment. On appeal to the High Court her main contention was that the Provincial Legislature had no power under the Government of India Act, 1935, to-legislate with respect to the possession of foreign liquors, and that Section 14-B of the Bombay Abkari Act, as amended by the Bombay Abkari (Amendment) Act (XXIX of 1947), in so far as it purported to restrict or prohibit the possession of such liquors was void and inoperative. These and other contentions raised on her behalf were rejected and the conviction and sentence were confirmed, but in view of the constitutional question involved a certificate under Section 205(1) of the Constitution Act was granted. The appellant has accordingly brought this appeal to have that question determined by this Court.
(3.)To appreciate the arguments advanced on behalf of the appellant, it is necessary to give a brief account of the history of the Bombay Abkari Act. It was enacted in 1878 to.
consolidate and amend the law relating to the import, export, transport, manufacture, sale and possession of liquor and of intoxicating drugs in the Presidency of Bombay.