In Re: Syed Gaffar Sahib

Alfred Henry Lionel Leach, C.J.—The petitioner has been convicted u/s 4 (1) (a) of the Madras Prohibition Act of being in unlawful

possession of a quantity of arrack and sentenced to pay a fine of Rs. 100 and in default to undergo rigorous imprisonment for three months. The

Court is asked to quash the conviction and sentence in the exercise of its powers of revision on the ground that in prohibiting the possession of

intoxicating liquor the Madras Prohibition Act is ultra vires the Provincial Legislature but this contention obviously cannot be accepted so far as this

case is concerned.

Clause 31 of the Provincial Legislative List in the seventh schedule to the Government of India Act 1935 gives the Provincial Legislature full

power to legislate with regard to the production, manufacture, possession, transport and sale of intoxicating liquors. Section 4 (1) (a) of the

Prohibition Act prohibits inter alia the possession of intoxicating liquors. It is said that the Act is ultravires the Provincial Legislature, because

Clause 19 of the Federal Legislative List places in the Central Legislature the power to legislate with regard to ""import and export across frontiers

as defined by the Federal Government"". In this case there is no question of any import or export. The case is merely concerned with the possession

of arrack manufactured in the Madras presidency. The Provincial Legislature having power to prohibit the possession of arrack and the petitioner

having been found in possession of such liquor the conviction was a lawful one.

The petition will be dismissed and as we do not consider that the case involves a substantial question of law as to the interpretation of the

Government of India Act, 1935 we do not feel called upon to give a certificate u/s 205. It may be added that no certificate has been asked for.