TRILOKI PRASAD SONKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petitioner in this writ petition is challenging the order dated 08/10.4.2013 whereby his liquor license has been cancelled, the order dated 12.08.2013 dismissing his appeal and the order dated 26.11.2013 dismissing his revision.

(2.) THE petitioner is stated to be a vendor of country made liquor for which he was granted a license for retail sale of country made liquor at Dohri Ghat (Khatik Tola), District -Mau in the year 2009 -10 under the U.P. Excise (Installment of Licenses for Retail Sale of Country Made Liquor) Rules, 2002 (hereinafter referred to as the Rules, 2002). According to the petitioner a raid was conducted at his shop on 26.03.2013 on a day when the shop was closed under the orders of the District Magistrate due to the Holi festival. The said raid is stated to have been conducted by the local police on the instructions of Deputy Commissioner, Excise, Azamgarh. During the raid 125 boxes of illegal liquor, 282 boxes of legal bottled liquor, 5 sacks containing 2,500 plastic bottles, 8,500 duplicate wrappers, about 10,000 lids, 805 duplicate Holograms, one bottle of Caromil liquid, one bottle of essence, two Jericans of 20 liters each containing a total of 25 liters Spirit mixed with Urea, Nausadar etc. one tank of 5 liters with a tap at its bottom and Rs. 44,960/ - being the price of illegally sold liquor have been recovered. One Ram Ujagar Dubey, who is stated to be the seller of the illegal consignment was arrested and a case registered against him under Section 60 read with section 72 of the U.P. Excise Act, 1910 and under Sections 419, 420, 467, 468, 471, 472, 272, 273 of the IPC being Case Crime No. 83 of 2013 and the consignment of legal liquor was also seized in exercise of powers under Section 72 -C of the U.P. Excise Act, 1910. Thereafter by the order dated 10.04.2013 impugned in the present writ petition the liquor license of the petitioner was cancelled and the license fee as well as security money has also been seized and a Case Crime No. 98 of 2013 has also been initiated against the petitioner against the aforesaid sections.

(3.) I have heard Ms. Madhumita Bose, learned counsel for the petitioner and Sri. Sanjieva Shankhdhar, learned counsel for the respondent -Excise Department and perused the documents on record.