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2010 Supreme(Pat) 2265

BIRENDRA PRASAD VERMA, S.K.KATRIAR
M/s. New Swadeshi Distillery (Proprietor Oudh Sugar Mills Ltd. ), Through Its Executive president, Shri Madhusudan Sharma – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

S.K.Katriar, J.

1. This writ petition has been preferred with the prayer to set aside various orders of the respondent authorities whereby the petitioner has been called upon to purchase and furnish the requisite promissory bond of the value of Rs. 10 lacs in order to replace the earlier promissory bond of the value of Rs. 53,000/- submitted by them, in terms of various provisions of the Excise Laws of Bihar. The respondents have placed on record their counter affidavit and have supported the impugned action.

2. A brief statement of facts essential for the disposal of this writ petition may be indicated. The petitioner is engaged in the manufacture and safe of non- potable spirit and denatured spirit, having its manufacturing unit at Narkatiaganj, District-West Champaran. The petitioner has taken licence to manufacture these items which are unfit for human consumption and are normally used as raw materials for manufacture of liquor, medicines, or the like which are potable and fit for human consumption. It is clearly stated in the pleadings of the petitioner that they do not manufacture potable liquor fit for human consumption. The petitioner had obtained licence in Form N
































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