Supreme Court of India
State of M.P. & Ors. v. M/s. Chhotabhai Jethabhai Patel & Co. & Anr.
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What the Court ordered
We hold that the entire provisions of the Act and the rules are consistent with and aim at the State monopoly in the trade of tendu leaves in case of leaves grown or produced in the State and the legislature never intended that the mono_poly should be operative even to the extent of banning import of tendu leaves from outside or stalling the tendu leaves once they found their way into the State from out side.
Judgment, page 7
From the headnote
Madhya Pradesh Tendu Patta (Vyapo·r Viniyaman) Adhiniyam, 1964 -Section 5-Whether restrictions on transport of tendu leaves imported from outside the State is violative of Part XIII of the Constitution. The respondent, a partnership firm of which the ·second respondent was a partner, carried on business as manufacturers of bidis at various places in the State of Madhya Pradesh. Being unable to secure sufficient tendu leaves locally, the firm took leases for the collection of such leaves in Bihar & Maharashtra. They actually imported tendu leaves under two railway consignments from Biha'r.
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