2022/DHC/005422

$~56 & 57

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 7^th December, 2022

+

W.P.(C) 16485/2022, CM APPL. 51786/2022 & CM APPL.

51787/2022

ANHEUSER BUSCH INBEV INDIA LTD.

..... Petitioner

Through:

Mr. Anupam Lal Das (Sr. Advocate),

Anokul Raj, Mr. Anubhav Deep

Singh and Mr. Nikita Raj, Advocates

(M-8882155426)

versus

GOVT. OF NCT OF DELHI & ORS. ..... Respondents

Through:

Mr. Santosh K. Tripathi, ASC with

Mr.

Arun

Panwar,

Ms.

Mahak

Rankawat

and

Ms.

Pradyuman,

Advocate for GNCTD.

Ms. Pragya Bansaiyan, Advocate for

Mr. Gautam Narayan, ASC.

Mr. Sameer Rohatgi, Mr. Kartikey

Singh,

Advocates

for

R-4

(M-9999259624)

(57)

AND

+

W.P.(C) 16491/2022, CM APPL. 51810/2022 & CM APPL.

51811/2022

ANHEUSER BUSCH INBEV INDIA LTD.

..... Petitioner

Through:

Mr. Anupam Lal Das, Sr. Advocate

with Mr. Anokul Raj, Mr. Anubhav

Deep Singh and Mr. Nikita Raj,

Advocates (M-8882155426)

versus

GOVT. OF NCT OF DELHI & ORS.

..... Respondent

Through:

Mr. Santosh K. Tripathi, ASC with

Mr. Arun Panwar, Ms. Mahak

Rankawat and Ms. Pradyuman,

Advocate for GNCTD.

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

15:11:37

Signature Not Verified

2022/DHC/005422

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2.

The present two writ petitions have been filed by the Petitioner -

ANHEUSER BUSCH INBEV INDIA LTD., the manufacturer of Beer under

the following trademarks/brands.

“1. HAYWARDS

KING OF BEERS”

3.

It is the case of the Petitioner that it has been constrained to approach

this Court owing to certain issues that have arisen in respect of the left-over

stock of its distributor M/s. Indo Spirit.

4.

The GNCTD has introduced a new excise policy w.e.f. 1^st September,

2022. The said policy replaces the earlier policy which was introduced on

17^th November, 2021. The primary difference as submitted by ld. Counsel for

the Petitioner between the earlier and the current policy is that under the

earlier policy, distributors, agents etc. could obtain licenses under the Delhi

Excise Rules and sell liquor in Delhi by paying license fee. However, under

the current regime licenses are granted only to the manufacturers i.e.,

distillers, breweries, bottling plants and other similarly situated entities. The

said difference is highlighted by reference to clause 3.1 of the new Excise

Policy, which prescribes the eligibility conditions.

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

15:11:37

Signature Not Verified

2022/DHC/005422

“3. ELIGIBILITY TO HOLD LICENCE:

3.1 L-1 licence shall be granted only to a company

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

15:11:37

Signature Not Verified

2022/DHC/005422

5.

The case of the Petitioner is that the earlier license holder i.e. M/s. Indo

Spirit had a license for the complete year, which would end on 31st March,

2023. However, due to the new policy, which was introduced on 1st

September, 2022, the earlier license automatically lapsed.

6.

On 31st August, 2022, M/s. Indo Spirit thus, made a representation to

the Department of Excise, GNCTD giving details of its existing stock so that

it may be permitted to dispose of the same. The said permission was not

granted on the ground that a decision was not taken in respect of the left-over

stock. Thereafter, M/s. Indo Spirit filed the writ petition being W.P.(C)

15529/2022, which was disposed of with the following observations.

“W.P.(C) 15529/2022 and CM APPL. 48306/2022

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

15:11:37

Signature Not Verified

2022/DHC/005422

aforesaid two warehouses shall be transferred;”

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

15:11:37

Signature Not Verified

2022/DHC/005422

4. The writ petition shall stand disposed of.”

7.

As per the above order, the Deputy C