S.PARVATHA RAO
Sree Devi Wines – Appellant
Versus
Deputy Commissioner of Excise, Kakinada – Respondent
( 1 ) THE petitioner questions the order of the 2nd respondent herein in his RC. No. 2770/94/a4 dated 2-11-1994 suspending the licence of his shop under the name and style of Sri Devi Wines, Attili in Form f. L. 24 bearing Licence No. 67/92-97 "under section 31 (1) of the Andhra Pradesh Excise act with immediate effect pending further investigation". The short question is whether there can be such a suspension of the licence under Section 31 (1) of the Andhra Pradesh excise Act, 1968 (hereinafter referred to as the Act ) "pending further investigation".
( 2 ) NOTICE before admission was ordered on 15-11-1994 observing as follows:-"what was found when the petitioner s shop was inspected on 17-10-1994 was that the petitioner purchased considerable stock of liquor from Messers Sri laxmi Wines, Penumantra. No non-duty paid stock was found in the premises of the shop. As per the conditions of the licence in form F. L. 24 the petitioner should purchase his stocks for sale only from IML Depot of A. P. B. C. L. Limited, chagallu only. It is stated that, in the circumstances, the Excise Sub-Inspector, attili, registered a case in Crime No. 1/94-95 of Attili range under S
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