ORDER

Date : 15-05-2020 Heard Mr. S. Khouond, learned counsel for the petitioner. Also heard Mr. P.N.

Goswami, learned standing counsel for the Excise Department.

2. The petitioner who was the beneficiary of an IMFL Off license has approached this Court by way of this writ petition assailing the action on the part of the respondent authorities whereby, the petitioner IMFL Off license shop was sealed on 02.02.2016 and thereupon, a show cause notice dated 03.02.2016 was issued requiring him to show cause within three days as to why action should not be taken for violating certain rules as mentioned in the notice.

3. The violation shown in the notice is that the petitioner was not maintaining proper account of daily sales, liquor mentioned in the account book did not match the status available in the wine shop and also violation of Sections 292, 58, 328 and 330 of the Assam Excise Act 1910 and other relevant Rules.

4. It is agreed between the parties that the grievance raised by the petitioner is squarely covered by the decision of this Court in the order dated 21.11.2014 in WP(C) 5365/2014. The order of 21.11.2014 is extracted is under:-

On the suspension of the petitioner’s bar licence, the Government Advocate Mr.

J. Handique has received instruction from the Addl. D.C. Nalbari and he submits that under Section 58(b) of the Assam Excise Act, 1910, (hereinafter referred to as the Excise Act ) the suspension of the bar licence, can be regularized through imposition of fine.

2.In response, Mr. B.D. Konwar, the learned Senior Counsel submits that since maximum permissible fine is Rs.500/- under Sub-Section (b) of Section 58, the licencee is prepared to deposit the fine so that he can resume his business, which is closed since the bar was sealed on 22.9.2014. He further submits that as the IMFL ON licence has expired and is required to be renewed, this aspect should also be considered immediately by the authorities, as the renewal consideration is not being made on account of the present suspension of licence.

In the event of any breach of the licence conditions, power is given to the Excise Authorities to suspend the licencee, under Section 58 of the Excise Act and the defaulting licencee can be punished with imposition of fine. Therefore, I feel that since the maximum fine chargeable from a licencee is Rs.500/-, the Excise Authorities should immediately pass an order within 3 days, quantifying the fine to be paid by the licencee. Moreover if the renewal of licence is otherwise not barred, the authorities should renew the IMFL licence. If such fine amount is deposited and the licence is renewed, the petitioner may be allowed to operate his business in accordance with the licence terms. It is ordered accordingly.

With the above order, the case is disposed of without any order on cost.

5. The purport of the said order would be that for the aforesaid laches on the part of the petitioner the maximum penalty imposed is a fine of Rs.500/- under Section 58(b) of the Assam Excise Act, 1910.

6. The petitioner is agreeable to pay the maximum penalty as may be imposed. Further as in the meantime, the licence granted to the petitioner may have come to an end requiring a renewal. As provided in the order dated 21.11.2014 the authorities, if not otherwise barred, may renew the IMFL licence of the petitioner by following the due procedure under the Rules. 7. Upon such formalities being completed, the respondent authorities shall remove the seal in the IMFL licence shop of the petitioner. The requirement be done within a period of 30 days from the date of this order.

Writ petition stands allowed in the above terms. Interim order passed earlier stands vacated. JUDGE Comparing Assistant Order downloaded on 15-08-2024 07:01:00 PM