Six decades after its formation, thedry stateofGujaratfaces the challenge to defend its policy of on purchase, possession and consumption ofliquorin the state after the Gujarat High Court on Monday dismissed its preliminary objections to petitions questioning certain provisions of the legislation mainly on the ground of Right to Privacy.
The bench discarded the State Government‘s argument that provisions of the Bombay Prohibition Act were upheld by the Bombay high court and later by The Supreme Court in 1951 and therefore, any question about validity of the present Gujarat Prohibition Act is not maintainable before the high court, but before the apex court only.
The present petitions question prohibition of import, transfer, possession and buying of liquor, ban on a person’s entry in Gujarat in the state of intoxication, prohibition on selling liquor to anyone except permit holder, permit to use or consumer liquor on warships, troopships and in messes and canteen of armed forces.