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Bombay Prohibition Act, 1949

58 judgments · newest first · showing 1–58

SANJAY BALAJI YELGIREversusTHE STATE OF MAHARASHTRA

DISPOSED OFF

The appellant, a clerk in the Osmanabad Sub‑Divisional Office, was convicted under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act for allegedly demanding and accepting a bribe to influence a pending case under the Bombay Prohibition Act. The prosecution’s case relied on …

LAILI MACCHINDRA GUDDAWATversusDISTRICT MAGISTRATE AND ORS

Dismissed

The petitioner, Laili Macchindra Guddawat, challenged a preventive detention order dated 30 January 2026 issued by the District Magistrate, Pune, alleging that the authority did not apply its mind and that the alleged offences bore no live link to public order. The State contended that the …

TIRATH S/O LALABAHADUR MAURYA THROUGH NEERAJ LALBAHADUR MAURYAversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Tirath Lalbahadur Maurya filed a petition under Articles 226 and 227 challenging a detention order dated 03.02.2026 issued by the Surat Police Commissioner under Section 3 of the Gujarat Prevention of Anti‑social Activities Act, 1985, on the ground that he was a "bootlegger". The petitioner argued …

ASHOKKUMAR LOKUMAL LALVANIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The petitioner, Ashokkum... Lalvani, challenged a preventive detention order dated 24‑08‑2023 issued by the Commissioner of Police under the 1985 Act, alleging that his alleged bootlegging offences under the Prohibition Act did not threaten public order. The State argued that the petitioner was a …

ARJUN@SUNNY PUNAMBHAI MARVADI THRO SUNITA ARJUN MARWADIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Arjun @ Sunny Punambhai Marvadi was preventively detained on 15 January 2026 by the Police Commissioner, Vadodara, under the Gujarat Prevention of Anti‑social Activities Act, 1985 as a "bootlegger". He challenged the detention through a petition filed by his wife, arguing that no material was placed …

ANILBHAI JETHABHAI PANGAD THRO KETANBHAI JETHABHAI PANGADversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Anilbhai Jethabhai Pangad was preventively detained on 31‑12‑2025 by the District Magistrate of Bhavnagar under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985, on the ground that his boot‑legging activities threatened public order. He challenged the detention through a …

RAMESHBHA BHARABHA HATHAL THRO RAHUL PARBATBHAI HATHALversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Rameshbha Bharabha Hathal was preventively detained on 31‑12‑2025 by the District Magistrate under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985 as a "bootlegger". He challenged the detention through a petition filed by his cousin brother, arguing that no material was …

VIAJYKUMAR NANJIBHAI KATARA THRO VIKKY NANJIBHAI KATARAversusCOMMISSIONER OF POLICE

38-RULE ABSOLUTE/ALLOWED @ FH

Vijaykumar Nanjibhai Katara was preventively detained on 28 April 2025 under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985 as a "bootlegger". He challenged the detention, arguing that no material showed any disturbance to public order and that the order was passed …

HIMMATSINH KARANSINH VANZARA THROUGH VANZARA KANUBHAI KALUBHAIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Himmatsinh Karansinh Vanzara was preventively detained on 31‑12‑2025 by the District Magistrate, Porbandar, under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985 as a ‘bootlegger’. His father filed a special criminal application challenging the order, arguing that no …

SURAJ @ RAVI ASHRAM DIVAKAR THRO KOMALBEN SURAJ DIVAKARversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Suraj @ Ravi Ashram Divakar, through his wife, filed a petition under Articles 226 and 227 of the Constitution challenging a detention order dated 19‑12‑2025 that labelled him a "bootlegger" under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985. The petitioner was detained …

SANDEEP LALJIBHAI PARMARversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Sandeep Laljibhai Parmar filed a petition under Articles 226 and 227 of the Constitution challenging his detention as a "bootlegger" under the Gujarat Prevention of Anti‑social Activities Act, 1985. He contended that the detaining authority had no material to show that his alleged offences disturbed …

DILIPBHAI JAYANTIBHAI RATHVA THRO RAKESHBHAI BHIMSINGBHAI RATHVAversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Dilipbhai Jayantibhai Rathva, through his brother-in-law, filed a petition under Articles 226 and 227 of the Constitution challenging a detention order dated 22‑12‑2025 that labeled him a "bootlegger" under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985. The order, issued …

KAMLESHBHAI SHANABHAI CHAVDA THRO TEJALBEN KAMALESHBHAI CHAVADAversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Kamleshbhai Shanabhai Chavda was preventively detained on 22 December 2025 under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985 as a bootlegger. His wife filed a petition challenging the detention, arguing that no material showed any disturbance to public health, order or …

VIJAYBHAI BHUPATBHAI PARMAR THRO VANABHAI TAPUBHAI PARMARversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Vijaybhai Bhupatbhai Parmar, through his uncle, challenged a detention order dated 22‑12‑2025 issued by the District Magistrate, Bhavnagar, labeling him a "bootlegger" under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985. The petitioner argued that no material was placed …

SANJAY DAHYABHAI RAJPUTversusPOLICE COMMISSIONER

38-RULE ABSOLUTE/ALLOWED @ FH

The Gujarat High Court examined a petition filed by Sanjay Dahyabhai Rajput challenging his preventive detention under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985, which labeled him a "bootlegger." The petitioner argued that no material was placed before the detaining …

ARVINDBHAI RUPABHAI DIHORA THRO AMITBHAI ARVINDBHAI DIHORAversusDISTRICT MAGISTRATE

38-RULE ABSOLUTE/ALLOWED @ FH

Arvindbhai Rupabhai Dihora, through his son, challenged a detention order dated 15‑12‑2025 that labeled him a "bootlegger" under the Gujarat Prevention of Anti‑social Activities Act, 1985. The petitioner argued that no material was placed before the detaining authority to show that his alleged …

DIPAKBHAI CHANDUBHAI DABHI THRO DIPAKBHAI CHANDUBHAI DABHIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Dipakbhai Chandubhai Dabhi filed a petition under Articles 226 and 227 of the Constitution challenging a detention order dated 15‑12‑2025 issued by the District Magistrate under Section 3 of the Gujarat Prevention of Anti‑social Activities Act, 1985. The order was based on a single criminal case …

RAHULKUMAR JERAMBHAI SOLANKI THROUGH JAYDIP JERAMBHAI SOLANKIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Rahulkumar Jerambhai Solanki challenged a detention order dated 15‑12‑2025 passed by the District Magistrate under Section 2 of the Gujarat Prevention of Anti‑social Activities Act, 1985, alleging that he was a "bootlegger" and that his activities threatened public order. The petitioner argued that …

RAJUBHAI VASURBHAI VAGHOSHI THRO VAGHOSHI HARESHBHAI JILUBHAIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The High Court of Gujarat considered a petition filed by Rajubhai Vasurbhai Vaghoshi, through his nephew, challenging his preventive detention under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985. The petitioner argued that no material was placed before the detaining …

DINESHKUMAR S/O HEMARAM BISHNOI THRO KRISHAN S/O SURESH SHARMAversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Dineshkumar, detained as a "bootlegger" under the Gujarat Prevention of Anti‑social Activities Act, 1985, challenged the preventive detention order dated 18‑12‑2025. He argued that the detaining authority had no material showing his activities disturbed public health, order or tranquility, and that …

SACHIN @ SALANG DAHYABHAI PARMAR THRO DINKALSACHINBHAI PARMARversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

Sachin @ Salang Dahyabhai Parmar was preventively detained on 21‑12‑2025 under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985 as a bootlegger. He challenged the detention through a petition filed by his wife, arguing that no material showed his activities disturbed public …

STATE OF U.P. & ORSversusM/S LALTA PRASAD VAISH AND SONS

2024 INSC 812

The Supreme Court of India, in a 9-judge bench reference, addressed the scope of Entry 8 of List II of the Seventh Schedule (intoxicating liquors) and its interplay with Entry 52 of List I (industries controlled by the Union). The case arose from a challenge by the State of Uttar Pradesh against a …

RAVINDERSINGH @ RAVI PAVARversusSTATE OF GUJARAT

2013 INSC 120Disposed off

The case arose from the 2009 hooch tragedy in Ahmedabad, Gujarat, where spurious country‑made liquor containing methyl alcohol caused 147 deaths and 205 injuries. Ravindersingh @ Ravi Pavar (appellant) and Jayesh Hiralal Thakker (respondent) were charged under several sections of the IPC and the …

ALISTER ANTHONY PAREIRAversusSTATE OF MAHARASHTRA

2012 INSC 18Dismissed

Alister Anthony Pareira was convicted for causing the death of seven labourers and grievous injuries to eight others by driving a car rashly and negligently while under the influence of alcohol. The Supreme Court examined whether a person could be tried and convicted under both s.304(Part II) IPC …

KOPARGAON S.S.K. LTD.versusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1486Appeal(s) allowed

The appellant, a liquor manufacturer, challenged the State's demand for supervision charges with retrospective effect and interest, arguing that a prior High Court decision had already settled the issue. The High Court dismissed the later writ petition, holding that the demand notices were illegal. …

STATE OF MAHARASHTRA AND ORS.versusNAGPUR DISTILLERS, NAGPUR AND ANR.

2006 INSC 272Appeal(s) allowed

The State of Maharashtra issued a demand for a fee under Rule 5(2) of the Bombay Rectified Spirit (Transport in Bond) Rules, 1951 against Nagpur Distillers, which purchases rectified spirit and extra neutral alcohol from other distilleries for manufacturing Indian Made Foreign Liquor (IMFL). The …

BIPIN CHANDRA PARSHOTTAMDAS PATEL (VAKIL)versusSTATE OF GUJARAT AND ORS.

2003 INSC 229Dismissed

B.P. Patel, elected President of Anand Municipality, was arrested and placed in judicial custody for alleged offences under the IPC, Arms Act and Bombay Police Act. The Director of Municipalities suspended him under Section 40 of the Gujarat Municipalities Act, 1963, which provides for suspension if …

GOVERNMENT OF MAHARASHTRAversusM/S. DEOKARS DISTILLERY

2003 INSC 159Appeal(s) allowed

The Supreme Court examined whether the Government of Maharashtra could demand additional supervision charges from Deokar's Distillery after the State revised its civil service pay scales with retrospective effect. The licencees had paid supervision fees in advance as required by the Bombay …

STATE OF MADHYA PRADESHversusM/S. K.C.T. DRINKS LTD.

2003 INSC 135Appeal(s) allowed

The State of Madhya Pradesh granted a D‑2 licence, in the form of a lease, to Mis. K.C.T. Drinks Ltd for manufacturing Indian Made Foreign Liquor. The licence contained a condition that the licensee pay the full cost of excise supervisory staff posted at its factory. The High Court struck down this …

ABDUL RASHID IBRAHIM MANSLJRIversusSTATE OF GUJARAT

2000 INSC 41Appeal(s) allowed

Abdul Rashid Ibrahim Mansuri, an auto‑rickshaw driver, was arrested after police stopped his vehicle and found four gunny bags containing charas. The police officer who ordered the stop relied on verbal information and neither recorded it in writing nor forwarded it to his superior as required by …

POLYCHEM LTD. AND ANOTHERversusSTATE OF MAHRASHTRA AND OTHER

1998 INSC 284Appeal(s) allowed

Polychem Ltd., a manufacturer of alcoholic beverages, paid supervision charges in advance each quarter as required by Section 58-A of the Bombay Prohibition Act, 1949. After the government raised the wages and dearness allowance of its supervising staff retrospectively, it demanded a differential …

SAIYAD MOHD. SAIYAD UMAR SAIYED AND ORS.versusTHE STATE OF GUJARAT

1995 INSC 241Appeal(s) allowed

Three appellants were arrested in Gujarat and, after a police search, charas was seized from them. They were convicted under Section 20 of the NDPS Act and Sections 65 and 66 of the Bombay Prohibition Act. The appellants argued that the police had not informed them of their right, under Section 50 …

STATE OF MAHARASHTRAversusSHARADCHANDRA VINAYAK DONGRA AND ORS.

1994 INSC 453Case Partly allowed

The State of Maharashtra raided a brewery and registered offences under the Bombay Prohibition Act in 1985. After a year, five charge‑sheets were filed on 21 November 1986 before the Chief Judicial Magistrate (CJM), along with two applications: one seeking condonation of any delay in filing the …

RAZAKBHAI ISSAKBHAI MANSURI AND OTHERS ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1992 INSC 328Dismissed

The petitioners challenged the constitutional validity of amendments to the Bombay Prohibition Act, 1949 made by the Gujarat Legislature that required a permit for possession of "rotten gur" in excess of a prescribed limit and regulated its manufacture. They argued that the provisions exceeded the …

GUJCHEM DISTILLERS INDIA LTD.versusSTATE OF GUJARAT AND ANR.

1992 INSC 47Dismissed

Gujchem Distillers India Ltd, a manufacturer of industrial alcohol, was required under a licence to pay supervisory charges to a staff appointed by the Gujarat State under Section 58(A) of the Bombay Prohibition Act, 1949. The company challenged the constitutional validity of that provision, arguing …

AYUB @PAPPU KHAN NAWAB KHAN PATHANversusS.N. SINHA AND ANR.

1990 INSC 239Appeal(s) allowed

The petitioner, Ayub, was detained under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on grounds that he was a "bootlegger" and a "dangerous person" involved in several offences. The petition challenged the detention, arguing that the detaining authority had not applied …

SYNTHETICS & CHEMICALS LTD. ETC.versusSTATE OF U.P. AND ORS.

1989 INSC 321Case Allowed

The petitioners, industrial users of ethyl alcohol, challenged state statutes imposing a vend fee and other levies on industrial alcohol, arguing that such taxes were beyond the legislative competence of the states. The Court examined the constitutional distribution of powers, focusing on Entries 84 …

JAHANGIRKHAN FAZALKHAN PATHANversusPOLICE COMMISSIONER, AHMEDABAD & ANOTHER

1989 INSC 214Case Allowed

J.F. Pathan was detained on 12 October 1988 under Section 3(1) of the Gujarat Prevention of Anti‑Social Activities Act, 1985. He had earlier been detained in 1985 under the National Security Act and in 1986 under the same PASA Act, both orders later quashed by the Gujarat High Court. The detaining …

RASHIDMIYA @ CHHAVA AHMEDMIYA SHAIKversusPOLICE COMMISSIONER, AHMEDABAD & ANR.

1989 INSC 183Case Allowed

The petitioner was detained under the Gujarat Prevention of Anti‑social Activities Act, 1985 on the grounds that he was a 'bootlegger' and a 'dangerous person' whose activities threatened public order. The detaining authority relied on four liquor‑related cases under the Bombay Prohibition Act and a …

SHROFF & CO., ETC.versusMUNICIPAL CORPORATION OF GREATER BOMBAY AND ANOTHER, ETC.

1988 INSC 222Dismissed

Shroff & Co., a partnership dealing in wines and spirits, imported liquor into Bombay and stored it in a bonded warehouse under the Maharashtra Foreign Liquor (Storage in Bond) Rules. The appellants challenged the inclusion of countervailing duty in the assessable value for octroi, arguing that the …

RAJENDRAKUMAR NATVARLAL SHAHversusSTATE OF GUJARAT &. ORS.

1988 INSC 161Dismissed

The appellant, a liquor broker in Gujarat, was arrested for importing foreign liquor from Rajasthan and later detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985, sub‑section 2 of s. 3, to prevent him from acting prejudicial to public order. He challenged the detention on …