BHAGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE four writ petitions (Nos. 2980, 3069, 3565 and 4004 of 1972) were admitted to a Division Bench and came up for hearing before P. C. Pundit and B. S. Dhillon, JJ. The learncd Judges have, referred the following questions of law for decision to a larger Bench by order dated February 8, 1973 :-1. Whether the rules of natural justice require that before cancelling the liquor licence of an excise licensee under Section 36 (c) of the Punjab Excise Act, a notice for an oral hearing must necessarily be given to him?

(2.) WHETHER the rules of natural justice require that before the security of a licensee is forfeited, he must be given a notice for oral hearing against such forfeiture or whether Ihe necessary result of the cancellation of the licence was automatic forfeiture of the security and, no such notice was essential?

(3.) IN this case, the petitioner obtained the licence for the year 1972-1973. The previous licensee was M/s. Tilak Chand and Co. and its unsold stock had to be taken over by the petitioner on April 1, 1972. He alleged that M/s. Tilak Chand and Co. delivered to him the stock on April 2, 1972, after preparing the list which was signed by the petitioner as well as by Tilak Chand on behalf of M/s. Tilak Chand and Co. In that list, 15 pints of Diplomat Whisky were mentioned and the total number of pints of whisky delivered to the petitioner was mentioned as 148. The Assistant Excise and Taxation Officer inspected the liquor vend of the petitioner on May 11, 1972, at 9. 45 p. m. and detected the following irregularities :-" On physical verification of the stock, the stock was found in excess by 12 quarts and 19 pints of whisky and Gin, besides the sale of 14 quarts and 11 pints of whisky and Gin stated to be made by the time of inspection. Thus 26 quarts and 30 pints of whisky and Gin were found in excess. 42 pints of Rum were found short as against the sale of only two pints of Rum stated to be made by the time of inspection. It is thus clear that correct accounts of day to day sales were found to have not been maintained at the vend. "