Supreme Court of India
State of U.P. and Ors. v. Garib Dass and Ors.
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What the Court ordered
In the result, these appeals are allowed, in that, it is declared that in view of the subsequent legislative changes made in Section 20(2) and section 37-A of the Act with retrospective effect from 1.5.1972 the impugned judgment has been rendered incapable of implementation and F therefore the interim stay against its operation granted and confirmed by this Court is made absolute.
Judgment, page 8
From the headnote
c Excise La1v : UP. Excise Act, 1910: Sections 2U and 37- and Notifications dated 30131-3-1978. Section 3 7- -Constitutionality of-Full Bench of High Court quashed S.3 7- as being violative of Art. 14 and void abinitio on ground that prohibition under S.3 7- operated subject to exemption provided under S.20(2) in favour of foreign liquor possessed by an individual for his personal consumption and was already existing when S.37- was introduced-Subsequently, S.20(2) omitted and new S. 37- substituted by Amending Acts-New S. 3 7- removed the discriminatory part of old S. 37- -Amending Acts
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