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MANINDER S. BHATTI
Vindhyachal Distilleries Pvt. – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This petition has been filed by the petitioner while praying for the following reliefs:-
ii) To direct the Respondents to accept the claims of the petitioner with respect to grant of consent for setting up Molecular Sieve Dehydration Column for manufacture of ethanol at its existing distillery;
iii) To quash the impugned order dated 07/02/2023 as passed by Respondent No. 2, for being illegal, arbitrary and bad in law;
iv) To direct the Respondents to implement the beneficent Special Financial Assistance for Ethanol and Bio-Fuel Production Scheme of the state government in true letter and spirit;
v) To direct the Respondents to abide by Article 14 of the Constitution and not discriminate between the petitioner and the similarly placed distillery/distilleries whose similar claims have been allowed with respect to the Scheme of Special Financial Assistance for Ethanol and Bio-Fuel Production;
vi) To restrain the Respondents from passing any further adverse order)s) against the petitioner till the pendency of this Writ Petition;
vii) To issue any other writ or order or direction in the interest of
The court held that there is no statutory prohibition against installing a Molecular Sieve Dehydration Column in distilleries, affirming the doctrine of legitimate expectation based on government sch....
The State had no legislative competence to levy Excise Duty on rectified spirit not fit for human consumption, and the imposition of Excise Duty on presumptive production of liquor was ultra vires to....
There is no fundamental right to trade in liquor; state policies can modify licensing rights as long as they comply with statutory provisions.
State is only empowered to levy excise duty on alcoholic liquor for human consumption – State has no power to levy excise duty on wastage of liquor after distillation.
The appellant does not require a central license under the Industries Act for manufacturing potable alcohol as it does not qualify as an industrial undertaking.
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....
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