AJAY PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Additional Chief Standing Counsel.

(2.) The present writ petition has been filed challenging the order dtd. 24/2/2016 whereby 06 country liquor and 02 Indian Made Foreign Liquor (IMFL) licenses of the petitioner were cancelled and the security as well as the licence fee was forfeited in exercise of powers under Sec. 34 of The United Provinces Excise Act, 1910 as well as the appellate order dtd. 22/3/2016 whereby the appeal preferred by the appellant was dismissed and the order dtd. 17/2/2017 whereby the revision preferred by the petitioner before the State Government was rejected.

(3.) The facts in brief leading to the filing of the present writ petition are that the petitioner was granted six licences of country liquor shop in District Amethi in exercise of the powers conferred under the Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002 (in short 'the Rules 2002') and was also granted two licences for selling foreign liquor in District Amethi in terms of the provisions of Uttar Pradesh Excise [Settlement of Licenses for Retail Sale of Foreign Liquor (Excluding Beer and Wine Rules)] Rules, 2001 (in short 'the Rules 2001'). On 28/1/2016, an FIR came to be lodged in Case Crime No.103 of 2016, under Sec. 60 of the Excise Act read with Ss. 419 and 420 IPC at Police Station Musafirkhana, District Amethi against one Guddu Singh and Babblu Singh. The said two accused took the name of the petitioner and in pursuant to the said statement, the petitioner was arrested under the said FIR. The allegations as contained in the FIR referred to violation of Sec. 60 of the Excise Act read with Ss. 419 and 420 IPC and it was also stated that unauthorized liquor was found in a rice mill owned by the petitioner.