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1976 Supreme(SC) 522

A. N. RAY, R. S. SARKARIA, P. N. SHINGHAL, JASWANT SINGH
Excise Commissioner U. P. Allahabad – Appellant
Versus
Ram Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. B. Sen. Sr. Advocate, and Mr. O.P. Rana, Advocate.
For the Respondent:Mr. Yogeshwar Prasad Adv., Mr. S.K. Bagga and Mrs. S. Bagga, Miss Kamlesh Bansal, Mr. L.C. Goyal, Advocate.

JUDGMENT :

Jaswant Singh, J.

This batch of 128 appeals by special leave which are directed against various judgments rendered by the High Court of Judicature at Allahabad in writ petitions and special appeals and relate to enforcement of certain obligations of licenses for retail vend of country liquor shall be disposed of by this judgment.

2. The facts leading to these appeals are : The State of Uttar Pradesh has, under the U.P. Excise Act, 1910 (Act No. IV of 1910) (hereinafter referred to as 'the Act') which contains provisions relating to all aspects and manifestations of intoxicating liquors and intoxicating drugs, that is to say, their import, export, transport manufacture, sale possession, the exclusive right or privilege of manufacturing and selling liquor in that State. Section 24 of the Act lays down that subject to the provisions of Section 31, the Excise Commissioner may grant to any person a licence for the exclusive privilege -

    (1) of manufacturing of or supplying by wholesale, or of both; or

    (2) of selling by wholesale or by retail; or

    (3) of manufacturing or of supplying by wholesale, or of both and of selling by retail; any country liquor or intoxicating drug within any

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