AMRESH SURESH JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent made returnable forthwith.

(2.) Petitioner, who runs a wine shop in the name and style "samrat Liquors shop" under a valid licence for selling liquor was ordered by Senior Inspector of police, Police Station, Ajani, Nagpur on 3-2-2007, not to open his shop until further orders. Senior Police Inspector informed the petitioner that the petitioner was attempting to open a shop at a place which was surrounded by statue of Dr. Babasaheb Ambedkar, a charitable dispensary and a playground. The notice recites that opening of a liquor shop at that place has created discontent among the citizens which was likely to escalate into agitation. Senior Police Inspector, therefore, ordered under section 142 of the Bombay Prohibition Act that petitioner should not open his shop until further orders.

(3.) The petitioner contends that after complying with the stringent requirement for obtaining licence to run a liquor shop the petitioner has been granted licence to run the shop at a particular place. Respondent No. 3 was not competent to issue an order closing the petitioner's shop for unlimited period. The petitioner contends that in fact it was for the respondent to protect the petitioner when the petitioner's shop was vandalised. The petitioner states that another wine shop is situated at a distance of 400 mtrs. and therefore, the petitioner believed that rival businessmen were behind the move to close down the petitioner's business. The petitioner contends that power under section 142 (2) of the Bombay Prohibition Act could not have been exercised in the present case and therefore, seeks quashing and setting of the said order.