JUDGEMENT
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(1.)Leave granted in Special Leave Petitions.
(2.)In response to wide-spread agitation by the women of Andhra Pradesh, the Government prohibited the sale and consumption of intoxicating liquors by an Ordinance issued on December 27, 1994. In February, 1995, the Legislature of Andhra Pradesh enacted the Andhra Pradesh Prohibition Act, 1995 (hereinafter referred to as 'the Act") replacing the Ordinance. It was reserved for and received the assent of the President of India. The long title and the preamble to the Act reads :
"An Act to introduce Prohibition of the Sale and Consumption of intoxicating liquors in the State of Andhra Pradesh and for matters connected therewith or incidental thereto.
WHEREAS Article 47 of the Constitution of India enjoins that the State shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks which are injurious to health;
AND WHEREAS there is urgent need in public interest to bring about the prohibition of the sale and consumption of intoxicating liquors, except for medicinal, scientific, industrial and such like purposes, in the State of Andhra Pradesh.
BE it enacted by the legislative Assembly of the State of Andhra Pradesh in the Forty-sixth Year of the Republic of India as follows :-"
(3.)Clause (7) of Section 2 defines the expression "liquor" to include"(a) spirits of wine, denatured spirits, methylated spirits, rectified spirits, wine, beer and every liquid consisting of or containing alcohol; and (b) any other intoxicating substance which the Government may, by notification declare to be liquor for the purposes of this Act, but does not include toddy." Section 7 is the main provision prohibiting selling, buying and consumption of liquor. It reads :
"Prohibition of selling, buying and consumption of liquor.
7. The selling, buying, being in possession and consumption of liquor, otherwise than in accordance with the provisions of this Act, or as the case may be, the Andhra Pradesh Excise Act, 1968, is hereby prohibited.: