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As per case facts, a partnership firm, manufacturing bidis in Madhya Pradesh, imported tendu leaves from Bihar and Maharashtra due to local scarcity. After informing the Divisional Forest Officer, their
...request to transport and use these imported leaves was denied. Subsequently, the leaves were seized, and a complaint was filed, alleging contravention of Section 5 of the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964. The firm filed a Writ Petition, arguing the Act did not prohibit import or restrict use of imported leaves. The State contended Section 5 prohibited all tendu leaf transport to enforce its monopoly. The High Court rejected the State's arguments, leading to this appeal.The question arose whether restrictions on the transport of tendu leaves imported from outside the State, for bidi manufacture, were integrally connected with the State's monopoly under the Adhiniyam and if such restrictions were violative of Part 13 of the Constitution.Finally, the Supreme Court held that the transport of tendu leaves purchased outside the State but consigned within it for bidi manufacture is not an integral part of the State monopoly. The Act and its rules are consistent with the State's monopoly over tendu leaves grown within the State, but not intended to ban import or restrict movement of tendu leaves from outside without clear legislative language. Therefore, the appeal by the State was dismissed.
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