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2016 Supreme(Pat) 983

I.A.ANSARI, NAVANITI PRASAD SINGH
Samrat Laboratories – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. Satyabir Bharti
For the Respondents: Mr. Lalit Kishore

JUDGMENT AND ORDER :

I.A. Ansari, J.

In these six writ petitions, the petitioners challenge the authority of the State Government to prohibit their business in and with regard to denatured spirit, which is unfit for human consumption. Specifically, the challenge is (i) to the notification, dated 04.02.2016, issued by the State Government, in so far as it prohibit distilleries, in the State, to manufacture rectified spirit after 29.02.2016 and further wherever, in course of manufacture of Ethanol/Extra Neutral Alcohol (ENA), whatever denatured spirit or any other bye-product is produced, it shall be compulsorily destroyed; and (ii) that part of the letter, dated 17.03.2016, issued by the Commissioner Excise, Bihar, Patna, which directs the Collectors-cum-District Magistrates of Bihar not to renew licences, wholesale or retail, for dealing in denatured spirit and not to grant new licences in respect thereof. Consequential challenge is to the consequences thereof.

2. Petitioners of the first two writ petitions (C.W.J.C. Nos. 5795 of 2016 and 6054 of 2016), namely, M/s Samrat Laboratories and M/s Shiva Laboratories Private Limited are industrial units engaged in the production of organic





















































































































































































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