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1991 Supreme(AP) 188

S.S.M.QUADRI
Mc. Dowell and Co. , Ltd. , Bangalore – Appellant
Versus
State OF A. P. represented by its Principal secretary, Revenue Department, hyderabad – Respondent


S. S. M. QUADRI, J.

( 1 ) FOR over a decade steps taken by the Government to regulate the movement of vehicles transporting liquor, which pass through the State of andhra Pradesh, have been the subject matter of litigation. These steps are taken on the ground that in the guise of transporting liquor through the State of Andhra Pradesh, it is being smuggled in this State, thus causing loss of revenue to the State. Initially the Commissioner of Excise issued circular No. CR. 41i24/81/ex/g2, dated 30-8-1981 requiring the transporters to obtain transport permits from the Commissioner for that purpose. That circular was assailed in a batch of writ petitions in Brindco sales Corporation vs. Commissioner of Excise. Ramachandra Rao, J. (as he then was) allowed the writ petitions holding that none of the provisions of the Andhra Pradesh Excise Act or the Andhra Pradesh Foreign Liquor and indian Liquor Rules, 1970 empowered the State Government or the Excise commissioner to provide for obtaining a transport permit to transport liquor from one place outside the State to another place outside the State of Andhra Pradesh when the lorries have to pass through the State of andhra Pradesh. Thereaft




































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