The petitioner, M/s Spicy Beverage Private Limited (hereinafter referred to as ‘the petitioner Company’), a private limited company, engaged in the manufacture and supply of country liquor in the State of Bihar, was granted exclusive privilege for manufacturing country liquor and supplying the same from its warehouse to Bihar State Beverage Corporation Limited in the district of Nalanda. The exclusive privilege, which was initially granted for the period 01.07.2009 to 31.03.2012, was further extended till 30.11.2012.

2. In terms of the conditions of license, the petitioner Company was required to manufacture country liquor, do packaging thereof in sachets, the sachet containing either 200 ML of country liquor or 400 ML of country liquor by adhering to the strength of 60º UP.

3. So far as quality is concerned, Rule 22(i) of Bihar Country Liquor Bottling Rules, 2004, prescribes that the country liquor should not be, in any case, weaker or stronger than 0.3 degree of the prescribed strength and in case the prescribed strength is found to be weaker or stronger than 0.3 degree of the prescribed strength, action shall be taken under Section 42 of the Bihar Excise Act, 1915.

4.