RANGAR BREWERIES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Company is engaged in manufacture, sale and transportation of potable alcohol fit for human consumption, commonly known as Indian Made Foreign Liquor (IMFL), which includes whisky, rum and other products. Petitioner sells the liquor throughout the country and because of its geographical situation, most of its consignments sent outside the State of Himachal Pradesh have to pass through the State of Haryana. The State of Haryana introduced prohibition in the State w.e.f Ist July, 1996 vide Notification Annexure P-5. After coming into force the prohibition in the State of Haryana, respondent No. 2 issued a circular dated 4th September, 1996, vide annexure P-7 to various distilleries in the State of Punjab, Rajasthan, Uttar Pradesh and Madhya Pradesh and to the Sugar Mills in the States of Punjab and Uttar Pradesh only. Unaware of this circular Annexure P- 7, the petitioner on 20th October 1996 sent a truck carrying 614 cases of Double Dog whisky. This truck was intercepted by the police and liquor confiscated and F.I.R. No. 468 was registered at Police Station Butana, District Karnal for the alleged non-compliance of circular dated 4th September, 1996, Annexure P-7 and challan was put in the Court. Similarly, another circular was issued by respondent No. 2 on 15th October, 1996 to the Excise Commissioners of the State vide Annexure P-8. It relates to escorting to the consignments by Excise and Police Officers/officers in order to ensure their safe passage across the border. Another circular dated 15th October, 1996, Annexure P-9 was issued relating to regulate the entry and movement of such consignments in Haryana State. It further provides for giving escort party on demand to carry out the transportation of the goods from the State of Haryana. Accordingly, the petitioner has challenged the circulars Annexures P-7 to P-9 and Notification dated 18th December, 1996 Annexure P-10 as unreasonable and violative of Articles 301 and 304 of the Constitution of India.

(2.) NOTICE of motion in this petition was issued on 20th February, 1997 for 27th February, 1997, on which date an order was passed by this Court for preparation of inventory of liquor bottles seized from truck No. HP-31-0778 stated to be containing 614 cases (12 bottles in each case) to be prepared by Mr. Sanjay Bansal, Advocate. Accordingly Mr. Sanjay Bansal, Advocate, submitted his report dated 11th March, 1997 in this Court according to which 12 bottles of whisky were missing and 5 bottles were found broken.

(3.) THE challenge in this petition is to circulars Annexures P-7, P-8 and P-9 and notification Annexure P-10.