M K ENTERPRISES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) None appears for the State even at the second call. This writ challenges the order of the Excise Commissioner, West Bengal, dated 22nd September, 2010. The effect of this order was that the licence of the writ petitioner No. 1 under the West Bengal Molasses Control Act,. 1973 read with West Bengal Molasses Control (Regulation, Storage and Transport) Notified Order, 1986 was cancelled. On perusal of the said order of the Excise Commissioner, it appears that the salient ground on which the licence was cancelled was that the writ petitioner No. 1 enterprise had imported molasses from various suppliers during the years 2002-2003, 2003-2004 and 2004-2005 without obtaining the required NOC from the excise Commissioner, West Bengal.

(2.) Now it appears that as early as 30th July, 2002, the Government of West Bengal started writing to the writ petitioners that they were required to submit their prayer for obtaining a NOC for importing molasses outside Bengal, in the appended proforma.

(3.) Mr. Roy submitted that the writ petitioners took no note of this communication because according to them this No Objection Certificate did not find any place in the above Act and above Rules. The ground for cancellation of the writ petitioner No. 1's licence was the absence of NOC for the period from 2002-2005.