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2017 Supreme(Pat) 675

RAJENDRA MENON, AJAY KUMAR TRIPATHI, SUDHIR SINGH
Bihar Distillers & Bottlers Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Y.V. Giri, P.K. Shahi, Senior Advocates, Satyabir Bharti and Alok Chandra, Advocates
For the Respondents:Rajiv Dhavan, Dinesh Dwivedi, Senior Advocates, Lalit Kishore, PAAG-I, Keshav Mohan, Manish Kumar, Piyush Choudhary and Kabir Ghose, Advocates

JUDGMENT :

RAJENDRA MENON, J.

1. Challenging the constitutional validity of certain provisions under the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Prohibition Act'), these writ petitions have been filed and the reliefs claimed are to declare Section 2(40)(ii), Section 13, Section 23 and Section 24(1) of the Prohibition Act as ultra vires to the Constitution and in excess to the legislative power of the State, so far as they prohibit manufacture and prevent renewal of license pertaining to industrial alcohol vis-à-vis spirit including silent spirit or ENA. It is said that by including spirit or ENA within the definition of 'intoxicant' as provided under Section 2(40)(ii), the State Legislature has acted in excess of the jurisdiction vested in it. Further prayer is to declare Sections 23 and 24(2) as ultra vires being in conflict to Article 300A of the Constitution inasmuch as it mandates that no compensation in consequence to withdrawal or non-renewal of distillery license shall be paid to the distillers so also on account of the fact that it confers unguided and uncontrolled power on the executive authority. Further prayer is to declare as null and void





































































































































































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