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2019 Supreme(SC) 13

A.M.SAPRE, INDU MALHOTRA
Manish S. Pardasani (M/s Wine Kornder) – Appellant
Versus
Inspector State Excise, P-1, Division, Mumbai (Suburbs) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vinay Navare, Ms. Gwen Kathika, Ms. Abha R. Sharma
For the Respondents: Mrs. V.D. Khanna

JUDGMENT :

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are filed against the final judgment and order dated 05.10.2018 passed by the High Court of Judicature at Bombay in Writ Petition (Loding) Nos.3255, 3166, 3169, 3170, 3171, 3179, 3205, 3227-3233, 3235-3237, 3254, 3256-3258, 3263/2018, Writ Petition Nos. 10649-10657/2018.

3. In order to appreciate the factual and legal controversy involved in these appeals which lie in a narrow compass, it is necessary to set out the relevant facts hereinbelow.

4. The appellants [Writ Petitioners (15)] claim to be the holders of licences issued by the Licensing Authority under the provisions of the Maharashtra Prohibition Act, 1949 (hereinafter referred to as "the M.P. Act") in their respective names. The appellants' claim that they are engaged in the business of selling liquor from their retail shops, which are situated in Mumbai suburb.

5. On 10.08.2018, an FIR (Criminal Case No.408 of 2018) was registered by the State Excise Department against the appellants inter alia for undertaking home delivery of liquor on telephonic orders being placed, and for commission of other offences punishable under Sections 23, 24, 65(a) (e), 73, 74, 81, 8











































































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