(1.) The petitioner applied for permission under Rule 9 of the Andhra Pradesh Distillery Rules, 1970 for construction and working of a distillery for the manufacture of liquors at Patancheru in Medak district The Govt. of Andhra Pradesh issued a letter of intent, permitting the petitioner fo construct and es;ablish the distillery for the manufacture of Indian Liquors with rectified spirit and that the products shall be ''exclusively export oriented". A licence was also granted to him in Form D-2, wherein it was mentioned that the products shall be exclusively export oriented. The petitioner says that pursuant to the licence he made all the arrangements for the manufacture of varieties of brandy, whisky, dry gin and XXX Rum. Under Rule 12 of the Distilrery Rules, he submitled on 26th April, 1978 copies of the labels, in triplicate, to the Excise Superintendent for necessary approval. He received a communication on 3rd July, 1978 from the Director of Distilleries and Breweries, Andhra Pradesh, Hyderabad, directing him to submit ths labels with the words "not for consumption in India" duly printed on the labels itself. Aggrieved by that direction, the petitioner has filed this writ petition.
(2.) It is submitted by the learned counsel for the petitioner that under the Andhra Pradesh Excise Act or under the Distillery Rules, no such restriction could be imposed on the sale of liquors manufactured by a licensee. It is stated that the petitioner could sell his products either within the State or outside the State or even in foreign countries. In reply to this, it is submitted by the respondents that under the programme for reducing the consumption of alcoholic drinks, as directed by the Government of India in its letter dated 21st February, 1976 issued by the Secretary to the Government of India, Ministry of Education and Social Welfare Department, the Government has decided not to issue any permission or licence for creation of additional capacity or expansion of existing capacity for distillation or brewing of alcoholic drinks, except in hundred percent export oriented cases. It is slated that in the light of this directive, a licence was issued to the petitioner to produce or manufacture all Indian liquors exclusively for exporting from India. Therefore it is stated that the direction given to print the labels with the inscription "not for consumption in India" is valid.
(3.) The question for consideration is, what is meant by products "exclusively export oriented"? Does it mean they are "not for consumption in India"? I have to decide this question with reference to the provisions of Andhra Pradesh Excise Act, 1968 and the statutory Rules. Section 2 (14) of the Andhra Pradesh Excise Act, 1968 defines the word "export" as meaning.