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SANJEEV PRAKASH SHARMA, SANJAY VASHISTH
Brindco Sales Private Limited – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner engaged in liquor distribution with existing license. (Para 1) |
| 2. petitioner challenges rejection of l-1 license application. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. claims of discriminatory treatment based on fir allegations. (Para 14 , 15 , 16 , 18) |
| 4. comparison of treatment with other licensees having firs. (Para 20) |
| 5. respondents assert no entitlement for license renewal. (Para 21 , 22) |
| 6. question of denial of license justification examined. (Para 25 , 26) |
| 7. company not automatically implicated by director's fir. (Para 28 , 29 , 30 , 32 , 33 , 34) |
| 8. decision making process flawed; arbitrary denial evident. (Para 35 , 36) |
| 9. petitioner entitled to l-1 license on a pro-rata basis. (Para 37 , 38) |
JUDGMENT :
Sanjeev Prakash Sharma, J.
Necessary facts, shorn of details, are that the petitioner – company is engaged in wholesale distribution and import of alcoholic beverages across several States in India. For the State of Punjab, it had an L-1 licence for the year 2022-23 which was renewed for 2023-24.
As on 31.03.2024, petitioner’s annual turnover was approximately Rs.2,378 crores. They are aggrieved by the respondents’ action regarding the non-
The court affirmed that a company cannot be denied a liquor licence based solely on an FIR against a director, emphasizing discrimination and lack of legal basis for such denial.
The Petitioner's writ petition challenging the rejection of the L-1 License application was not maintainable due to the existence of an alternate efficacious remedy under the Excise Act, 2009.
The grant or refusal of Excise Licenses must be in accordance with the specific and non-exhaustive conditions provided in the Bengal Excise Act, 1909, and the West Bengal Excise (Selection of New Sit....
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.
Point of Law : For want of the inspection report before this Court, it cannot be presumed that the substance of the inspection report or the summary of the documents was furnished and that the summar....
There is no fundamental right to trade in liquor; state policies can modify licensing rights as long as they comply with statutory provisions.
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