JUDGMENT :

1. Both the petitions involve the interpretation of provisions of law which is similar, as such, they are being decided by means of the common judgment.

2. Facts of Writ – C No.9330 of 2016:

i. The petitioner was granted a license for retail sale of foreign liquor at Mohammadabad, District Gazipur for the excise year 2009 – 10 under the Uttar Pradesh Excise (Settlement of License for Model Shop of Foreign Liquor) Rules, 2003 (hereinafter referred to as ‘the 2003 Rules’) and the said license was renewed up to the year 2015-16. It is alleged that an FIR was lodged against the petitioner, which was registered as Case Crime No.67 of 2015 at P.S. Mardaha, District Gazipur under Section 60 of the U.P. Excise Act read with Section 392, 411 & 120B IPC. In pursuance to the said FIR, the joint residential premises of the petitioner as well as his brother Krishna Gopal Rai was searched and a seizure memo was prepared on 17.4.2015 (Annexure – 6 to the petition). In the said seizure memo, it was averred that in the house, which is jointly owned by the petitioner as well as his brother, at the instance of the informer, a raid was carried out and in the boundary wall inside the house at t