RAJKUMAR D GOVINDANI Vs. COLLECTOR OF PUNE

JUDGEMENT

(1.) RULE Returnable forthwith. Mr. Parsurami, Assistant Government Pleader waives service for respondents No. 1 to 3. By consent writ petition is heard finally.

(2.) THE petitioner in the present writ petition filed under Articles 226 and 227 of Constitution of India questions the correctness of the order dated 24-7-96 passed by the Collector, Pune suspending petitioners FL-I licence under section-54 (1) (a) of the Bombay Prohibition Act, 1949, and, the order passed by the Commissioner of State Excise, Maharashtra State, Mumbai dated 4-10-96.

(3.) THE petitioner states that he carries on business of wholesale foreign liquor and was granted FL-I licence under the provisions of Bombay Foreign Liquor Rules, 1953 framed under the Bombay Prohibition Act, 1949. It appears that the petitioner purchased 500 boxes of foreign liquor from M/s. Amit Wine Agencies on 4th August-1995. According to petitioner these 500 boxes were sent to him by M/s. Amit Wine Agencies on bill accompanied by transport pass No. 386 dated 4th August 95. The transport pass was signed by officer posted at M/s. Amit Wine Agencies and was received by petitioners employee posted at his godown. The bill for supply of 500 cases also contained a certificate in Form-B. B. stating that duty has been paid.