Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1971 (12) TMI SC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1971 (12) TMI 109 - SC - Indian Laws

Issues:
1. Interpretation of the provisions of the Madhya Pradesh Tendu Patta Vyapar Viniyaman Adhiniyam, 1964 regarding the import and transport of tendu leaves.
2. Determining the scope of the State monopoly in the trade of tendu leaves under the Act.
3. Constitutional validity of the provisions of the Act in relation to the import and transport of tendu leaves.

Detailed Analysis:
The judgment involves an appeal from the Madhya Pradesh High Court concerning the quashing of proceedings initiated against the respondents, who imported tendu leaves from Bihar for manufacturing bidis in Madhya Pradesh. The State contended that the transport of tendu leaves, whether grown within the State or outside, was prohibited under section 5(2) of the Act to maintain the State monopoly in the trade of tendu leaves. The High Court rejected the State's contentions, leading to the appeal before the Supreme Court.

The Supreme Court analyzed the relevant provisions of the Act and the rules framed thereunder to determine the legislative intent behind the creation of a State monopoly in the trade of tendu leaves. Section 5(1) of the Act restricted the purchase and transport of tendu leaves to the State Government, its officers, or authorized agents. The Court emphasized that the Act primarily aimed at regulating the trade of tendu leaves grown within the State and did not expressly prohibit the import of tendu leaves from outside the State for manufacturing bidis.

Citing previous judgments, the Court highlighted that while the Act aimed to create a State monopoly in the sale and purchase of tendu leaves, restrictions on the movement of purchased leaves should be reasonable and essential for the operation of the monopoly. The Court emphasized that provisions integral to the creation of the State monopoly were protected under the law, while subsidiary or incidental provisions had to satisfy constitutional tests.

The Court concluded that the Act did not intend to ban the import of tendu leaves from outside the State or restrict their movement within the State unless explicitly provided for. The transport of imported tendu leaves for bidi manufacturing was not inherently linked to the State monopoly envisioned by the Act. Therefore, the Court upheld that the provisions of the Act and rules did not prohibit the import of tendu leaves and were consistent with the State monopoly in the trade of tendu leaves grown or produced within the State.

Ultimately, the appeal was dismissed, affirming the High Court's decision, and the Court held that the Act did not violate constitutional provisions related to the free movement of goods. The respondents' actions in importing tendu leaves for manufacturing bidis were deemed permissible under the Act.

 

 

 

 

Quick Updates:Latest Updates