HINDUSTAN DISTILLERIES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition, filed by M/s. Hindustan Distilleries, seeks an appropriate writ, order or direction to the respondents, directing them to issue license, known as CL-I, to the petitioner, in pursuance of its application, which the Government of Maharashtra had earlier decided to sanction and in turn, to set aside the order dated 28-5-1997 passed by the Honourable Minister, State Excise, bearing Order No. SUT/1096/21-EXC-3. Facts are not very much in dispute and therefore, the brief resume will suffice to appreciate the controversy.

(2.) PETITIONER was holding a license for manufacture of Indian make Foreign Liquor, which is known as PLL license under the provisions of Bombay Prohibition Act, 1949 (for brevity, hereinafter, "the Act of 1949") and the Maharashtra Distillaries of Spirit and Manufacture of Potable Liquor Rules, 1966, whereas for country liquor the relevant rules are Maharashtra Country Liquor Rules 1973 (for brevity, hereinafter, "the Rules of 1973" ).

(3.) IT is not in dispute that under the provisions of the Act of 1949, two types of licenses are issued by the Government, on compliance with certain requirements of the Rules; viz. (i) PLL license for manufacture of Indian Foreign Liquor and (ii) CL-I license for manufacture of Country Liquor. For the purpose of manufacture of Indian Foreign Liquor, when PLL license was issued to the petitioner, a quota of 5,00,000 liters per annum of rectified spirit was granted. According to petitioner, he could not consume the entire quota for a considerable period and as such, petitioner desired to utilize the remaining quota of about 2,00,000 to 2,50,000 liters of rectified spirit, for manufacture of country liquor and for that purpose petitioner required CL-I license. Accordingly, petitioner applied to the Government, on 17-6-1993, for issuance of CL-I license, agreeing to abide by the conditions as laid down by the Rules and Regulations.