RAJESH KUMAR BHATRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, who is a Practicing Advocate of the City of Guwahati has filed this Public Interest Litigation (for short "PIL") praying for directing the respondents not to act upon the order dated 1.9.05 issued by the Commissioner of Excise, Assam, whereby use and sale of foreign liquor in bottles 180 ml. and 375 size ml has been replaced by the bottles of 200 ml and 500 ml in size respectively.

(2.) We have heard Mr. G. Uzir, learned counsel appearing on behalf of the petitioner and Mrs. B. Goyal, learned State counsel appearing on behalf of the respondents.

(3.) Mr. Uzir, learned counsel for the petitioner has submitted that the petitioner has challenged the aforesaid notification dated 1.9.05 issued by the Commissioner of Excise, Govt. of Assam only relating to the change of size of IMFL bottles from 180 ml and 375 ml to 200 ml and 500 ml respectively as it will encourage more consumption of alcohol by the consuming public and would likely to cause loss of revenue by the State Government, as the price of IMFL in the neighbouring states are lower than the price prevailing in the State of Assam. Mr. Uzir, therefore, submits that this court may entertain the present PIL and issue necessary direction to the respondent-authorities to withdraw the said notification dated 1.9.05. Mr. Uzir, during the course of argument has also submitted that in fact the Govt. of Assam in Excise Department has taken a decision to defer the decision of change of such bottles until further orders, which has been communicated by the Deputy Secretary to the Govt. of Assam, Excise Department to the Commissioner of Excise vide communication dated 4.10.05.