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1997 Supreme(Kar) 695

A.M.FAROOQ, R.P.SETHI
K. V. AMARNATH – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.G.SRIDHARAN, B.V.ACHARYA RAO, C.V.GURUVE GOWDA, D.L.JAGADISH, G.V.SHANTHARAJU, H.Kantharaj, K.G.NAYAK, M.P.ESVARAPPA, N.RAGHUBANU, S.VIJAYASHANKAR

R. P. SETHI, C. J.

( 1 ) ALLEGING corruption, favouritism, nepotism and mala fides against respondents 3 and 4, the petitioner herein has prayed for the issuance of appropriate writ or direction striking down the Karnataka excise (sale of Indian and foreign liquor) (Amendment) rules, 1997 as being illegal and unconstitutional and for a direction to the respondent-state to enforce the 1989 amendment rules. It is further prayed that a direction be issued for appointing an authority such as c. b. i. , to probe in detail to find out the total loss caused to the respondent-state by way of evasion of payment of excise duties, cesses, sales tax on the sale of "seconds" in imfl which were allegedly sold without payment of excise duty cesses and sales tax during the period from December 1985 when the supreme court is stated to have affirmed the 1989 amended rules, till date by non-implementation of the 1989 rules. It is contended that the difference be directed to be recovered personally from respondents 3 and 4. the petitioner has also sought for the prosecution of respondents 3 and 4 and other persons found to be responsible for alleged losses of revenue by way of evasion of excise duty a






















































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