MANJU RAJEEV Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) The short issue in this writ petition is regarding the release of seized foreign liquor pending confiscation proceedings.

(2.) The petitioner, a holder of an FL-3 licence, runs a Three Star classified Hotel at Kumarakom. Based on an inspection, seizure of foreign liquor was effected. The seized liquor was found from a counter functioning at the A/C restaurant outside the Bar Room. A total of 113.25 litres of Indian Made Foreign Liquor (IMFL) was found from the said counter. The said liquor was obtained by the petitioner by valid documents. The alleged violation against the petitioner was that she displayed the above liquor at the counter of the service desk of the A/C restaurant. However, the petitioner has permission to serve liquor at the desk of the restaurant.

(3.) Accordingly, a case was registered against the petitioner for violation of licence conditions. The question whether the seized liquor needs to be confiscated or not has to be decided in appropriate proceedings. The said liquor was purchased from an authorised source, i.e., the Kerala State Beverages Corporation. The petitioner has permission to serve liquor at the desk. This is based on the payment of annual rental fee. Rule 13(3D) of Foreign Liquor Rules, 1953 permits operation of service desks on payment of annual rent and with specific permission of the Excise Commissioner. However, it also restrains operating counters in areas other than the licensed bar room of the hotel. According to the respondent officials, the petitioner erected a counter parallel to the Bar Hotel under the guise of a service desk in the A/C Restaurant without permission, and started serving liquor outside the service desk by storing liquor at the counter.