BABULAL MOHANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a manufacturer of Kakab from molasses and he is holding M-II licence under Rule 4 of Bombay Molasses Rules, 1955 framed under the Bombay Prohibition Act, 1949. One of the conditions in the licence was that he shall nor use more than 10 M.T. of molasses in any calendar month. He was entitled to have possession upto 60 M.T. of molasses at any one time.

(2.) It is alleged that in the month of December 1979, the petitioner committed a breach of this condition of not using more than 10 M.T. of molasses and he actually used 22 M.T. of molasses in the month of December 1979.

(3.) On account of the breach of this condition, the licence came to be cancelled by the Superintendent of Prohibition and Excise by his order dated 2nd June 1982. The appeal to the Director of Prohibition and Excise, came to be dismissed by order dated 5th November 1982. The revision application to the State Government also came to be dismissed on 30th November 1983.