Back
SHRIKANT D. KULKARNI
Saikrupa Sugar And Allied Industries Limited – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally at admission stage with consent of both the sides.
2. The petitioner/ Shri Saikrupa Sugar and Allied Industries Ltd., Hiradgaon has challenged the impugned order dtd. 10/2/2022 passed by respondent no.1 in MPL-0621/P.K.81/State Excise-3.
3. The petitioner/Company is running sugar factory and distillery plant at Hiradgaon, Taluka Shrigonda, District Ahmednagar. The flying squad of State Excise Department, on receiving relevant information conducted raid on the distillery plant of the petitioner on 14/3/2020 in presence of two panch witnesses. At the time of raid, it was found that the petitioner/sugar factory has sold 80,000 Ltrs. rectified spirit worth of Rs.9,75,000.00 to Rachana Chemicals Pvt. Ltd.,which was not in existence. The truck along with rectified spirit of 80,000 Ltrs. came to be seized. The F.I.R. came to be registered against the Managing Director of the petitioner and four others. Accordingly, Managing Director of the petitioner and four other persons came to be arrested in Crime No.54/2020 for the offences punishable under Ss. 65(A)(E), 80(1), 83, 90, 108, 98 (2) of the Maharashtra Prohibition Act, 1949
The Principal Secretary, State Excise had no authority under the law to conduct the hearing for the cancellation of the licence, and the impugned order was an abuse of power. The impugned order also ....
Point of law: petitioner succeeds in establishing that his Gehrukheda licence was not liable to be cancelled as he had not violated either section 34(1) (a) or (b) or (c) of the Act, the present proc....
Procedural lapses in the constitution of inspection teams under the Himachal Pradesh Excise Act invalidate administrative actions, emphasizing the necessity for adherence to established legal framewo....
The court upheld the validity of the Liquor Policy prohibiting public servants from holding liquor licences, affirming the State's authority to impose such conditions in public interest.
Indefinite suspension of excise licenses for compoundable offenses is disproportionate if based on contradictory records and unadmitted core allegations; must direct compounding and renewal considera....
The cancellation of a license under the Odisha Excise Act, 2008 without providing reasonable notice or opportunity to be heard violates the principles of natural justice, rendering the order invalid.
The cancellation order must contain reasons for cancellation and cannot be supplemented by subsequent explanations. Mere institution of a criminal case against a person does not automatically disqual....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
