GURDEEP SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri J. I. Borbhuiya, learned counsel for the petitioner. Also heard Shri R. R. Gogoi, learned counsel appearing on behalf of the learned Standing Counsel, Excise Department, representing respondent Nos. 1, 2 and 6 as well as Shri S. R. Baruah, learned State counsel representing respondent Nos. 3, 4 and 5.

(2.) At the outset, a prayer was made by Shri Gogoi, learned counsel representing the Excise Department, for adjourning the matter. However, the said prayer is rejected because of 2 (two) reasons, viz. (i) the matter which is in the hearing column is pending since the year 2011; and (ii) the subject matter is squarely covered by a decision of this Court, dated 31.03.2005. On a specific query, it has also been admitted that the said judgment, dated 31.03.2005, had attained finality as no Appeal was filed against the same.

(3.) The fact of the case, as projected in the petition, is that the petitioner is the owner of a bar at Paltan Bazar, Guwahati, for which he had obtained an "on" licence. It is also the case of the petitioner that under Rule 285/318 of the Assam Excise Rules, 1945, the bar has the permission to be kept open till 1.30 am for which additional fees are also paid by the petitioner. Being a bar, the petitioner serves liquor in pegs as well as in sealed and capsuled bottles. However, it is the case of the petitioner that officials from the Excise Department as well as Police Personnels often cause disturbances to the petitioner, more particularly, in selling liquor in sealed bottles. The same causes loss to the petitioner as according to the petitioner, there are no restrictions in selling liquor in bottles by an "on" licence holder. The disturbances, as stated above, having continued, the present writ petition was filed to direct the respondents not to cause any disturbances in sale of liquor in bottles apart from such sale from capsule and sealed bottles by way of pegs.