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2007 Supreme(Bom) 608

A.H.JOSHI, R.C.CHAVAN
Amresh s/o. Suresh Iaiswal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Shri. N. W. SAMBRE, Advocate for Petitioner.
Mrs. BHARTI DANGRE, A.G.P. for Respondents No.1 to 4.

JUDMENT

R.C. CRAVAN, J.:- Rule. By consent made returnable forthwith.

2. Petitioner, who runs a wine shop in the name and style "Samrat Liquors Shop" under a valid licence for selling liquor was ordered by Senior Inspector of Police, Police Station, Ajani, Nagpur on 3-2-2007 not to open his shop until further orders. Senior Police Inspector informed the petitioner that the petitioner was attempting to open a shop at a place, which was surrounded by statue of Dr. Babasaheb Ambedkar, a charitable dispensary and a play ground. The notice recites that opening of a liquor shop at that place has created discontent among the citizens, which was likely to escalate into agitation. Senior Police Inspector, therefore, ordered under Section 142 of the Bombay Prohibition Act that the petitioner should not open his shop until further orders.

3. The petitioner contends that after complying wit the stringent requirement for obtaining licence to run a liquor shop the petitioner has been granted licence to run the shop at a particular place. Respondent No.3 was not competent to issue an order closing the petitioner's shop for unlimited period. The petitioner contends that in fact it was for the respond












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