JOHN DISTILLERIES PVT LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following prayers:

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned Senior Government Pleader appearing for respondents 1 and 2 as well as the learned Standing Counsel for the 3rd respondent.

(3.) The contention raised by the learned Senior Counsel appearing for the petitioner is to the effect that the Foreign Liquor Rules, 1953 provide only for the minimum strength of Indian Made Foreign Liquor (IMFL) and that Rule 2 provides that Indian made foreign liquor having alcoholic content of 45.8% v/v can be sold in the State. It is stated that the stipulation in Schedule A of Exhibit P5 fixing the maximum strength of whisky at 42.8% v/v is ultra vires the Abkari Act and the Rules framed there under. It is further contended that the refusal on the part of the respondents to consider the application preferred by the petitioner for grant of approval for supply of IMFL to the Corporation on the ground that the writ petition is pending is completely unsustainable.