38. wp 11232 of 2019.doc

Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.11232 OF 2019

Shri. Arun Kumar Chaubey

… Petitioner

Versus

The State of Maharashtra Through Prin.

Secretary (State Excise) And Ors.

… Respondents

ALONG WITH

WRIT PETITION NO.5444 of 2022

Jeetsons Distillery and Indiustries Ltd.

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondent

ALONG WITH

WRIT PETITION NO.5447 OF 2022

M/s. Renuka Enterprises

...Petitioner

vs.

The State of Maharashtra and Anr.

...Respondents

ALONG WITH

WRIT PETITION NO.11951 OF 2019

M/s. Shri Maruti Chem Enterprises

Pvt. Ltd.

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

ALONG WITH

WRIT PETITION NO.5448 OF 2022

M/s. Utopian Sugars Ltd.

...Petitioner

vs.

State of Maharashtra and Ors.

...Respondents

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HEMANT

CHANDERSEN

SHIV

Digitally signed

by HEMANT

CHANDERSEN

SHIV

Date:

2022.07.08

11:24:04

+0530

38. wp 11232 of 2019.doc

ALONG WITH

WRIT PETITION NO.1408 OF 2021

M/s. Alcon Organics Chemicals Pvt Ltd.

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

Mr. D. B. Savant with Mr. Vinayak Salokhe with Ramesh Lad, for the

Petitioners in all matters.

Mr. S. L. Babar, AGP for the Respondent-State.

CORAM : S. V. GANGAPURWALA &

S. M. MODAK, JJ.

DATED : 29TH JUNE 2022

P.C. :

1.

We have heard learned counsel for the Petitioner and learned AGP

for the Respondents-State.

2.

Parties are at adidem that the present matters are covered by

Judgment of Division Bench of this Court in case of M/s.Arss Biofuel Pvt

Ltd. vs State of Maharashtra & Ors. reported in 2018 (5) ALL MR 541 and

that present matter be disposed of on the same terms.

3.

It is further submitted that in similar other matters bearing Writ

Petition No.2689 of 2006 and connected Writ Petitions, the Division Bench

of this Court under order dated June 21, 2018 also disposed of Writ

Petition in terms of order passed in M/s.Arss Biofuel Pvt Ltd. (supra).

4.

In the result we also follow the same course and pass the following

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38. wp 11232 of 2019.doc

order :-

“(a) The Bombay Denatured Spirit Rules, 1959 to the extent

that they regulate the possession, use, sale, import, export

and transport of denatured spirit viz. Rules 23 to 62 are

ultra vires and unconstitutional and are struck down.

(b) There shall be no licence required under the

Maharashtra Prohibition Act for sale, purchase, transport,

possession, storage, dehydration, import and export of

denatured spirit.

(c) We hereby clarify that the power of the State

Government in the case of rectified spirit supplied for

industrial purposes is only to see and ensure that rectified

spirit, whether in the course of its manufacture or after its

manufacture, is not diverted or misused for potable purpose.

The State can make necessary regulations requiring the

industry to submit periodical statements of raw material

and the finished product (rectified spirits) and is entitled to

verify their correctness.

(d) The Writ Petitions are made absolute on the above terms

with no order as to costs.”

5.

The Writ Petitions are disposed of accordingly. No costs.

(S. M. MODAK, J.)

(S. V. GANGAPURWALA, J.)

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