GOYAL AND CO. Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This is a criminal misc. petition No. 13259-M of 1996 filed by M/s Goyal and Company - licensee of L-2 and L-14-A for the year 1996-97, whereby they have prayed for the quashment of FIR No. 343 dated 11.6.1996 under Section 61 of the Punjab Excise Act, 1914 read with Section 120-B of the Indian Penal Code registered at Police Station City, Hisar (Annexure P-3). It is averred that petitioner-firm was given licence by Excise and Taxation Commissioner, Haryana to open and sell foreign liquor, beer, and country liquor under the L-2 and L-14-A licences for the year 1996-97. L-2 licence is Annexure P-1 and L-14-A licence is Annexure P-2. These licences were valid for the period 1.4.1996 to 31.3.1997. It is a registered firm. Licences were granted subject to payment of Rs. 14.75 crores on account of licence fee. Licences were withdrawn from them with effect from 30.6.1996 after the closing hours i.e. 11.00 A.M. in the wake of introduction of 'policy of prohibition' by the Haryana Government. The instructions were given to the Superintendents of Police and the Deputy Commissioners of the State of Haryana to strictly implement the policy of prohibition. In his zeal to please his political bosses, respondent No. 2 violated the law, rules and instructions and blatantly interfered in the business of petitioner-firm to secure the implementation of the policy of prohibition. Three FIRs one after the other were registered against them so as to deter them from pursuing its business of sale of liquor under L-2 and L-14-A. Annexure P-3 is one such FIR registered against them on 11.6.1996. It is further averred that the petitioner-firm was not allotted any particular site for the setting up of liquor vend in the Auto Market region. The petitioner-firm applied to the Deputy Excise and Taxation Commissioner, Haryana for permission to set up liquor-vend at Hissar-Barwala bye-pass near octroi post, Hissar. The Deputy Excise and Taxation Commissioner forwarded that request of the petitioner-firm to the Excise and Taxation Commissioner, Haryana for recommending necessary sanction for setting up the liquor vend at that point. Annexure P-4 is the memorandum written by the Deputy Excise and Taxation Commissioner to the Excise and Taxation Commissioner, Haryana Chandigarh in this behalf. As the elections to the Haryana State Assembly were in the offing and thereafter the policy of prohibition was declared by the State of Haryana, the necessary sanction could not be communicated to the petitioner-firm by the Excise and Taxation Commissioner, Haryana, Chandigarh. The petitioner-firm commenced operating from the site at Hissar-Barwala bye-pass near octroi post, Hissar for the sale of liquor as the petitioner- firm had no other retail outlet/vend in the Auto Market region for which the licence had been issued to them. The petitioner-firm continued its business at the said site for more than 3 months, without any objection from the Department of Excise or from the Department of police. Respondent No. 2 with mala fide intention to please his political bosses initiated drive against the petitioner-firm for imposing total prohibition even before the date fixed by the State of Haryana when prohibition was to come in force. The petitioner firm was the sole licensee for the entire city of Hissar so far as L-2 and L-14-A licences were concerned. On 11.6.1996 on the registration of FIR Annexure P-3 against the petitioner-firm the vend in dispute was closed by respondent No. 2. The petitioner firm filed a civil suit for injunction against the Excise and Police Departments of the State of Haryana. The Department of Excise and Taxation through the Excise and Taxation Commissioner filed reply saying that the petitioner-firm was operating from an unapproved site. Annexure P.5 is the copy of the reply filed by the Deputy Excise and Taxation Commissioner in the civil Court at Hissar. Vide order dated 15.6.1996 Annexure P-6 Additional Civil Judge (Senior Division) Hissar gave an ad-interim injunction restraining the Excise and Taxation Department Haryana as well as Police Department, Haryana from interfering in the functioning of the liquor-vend. The Additional Civil Judge (Senior Division) Hissar gave direction to the Department of Excise and Taxation to approve the site of the petitioner-firm. The petitioner firm sent FAX and telegram messages on the closure of liquor vend. Annexure P-7 is the copy of FAX/telegram message. The Deputy Excise and Taxation Commissioner, Hissar, granted necessary approval for the site in dispute vide Annexure P-8 and allowed the petitioner-firm to operate therefrom. The petitioner-firm thus was not in any manner negligent or responsible for operating from an unapproved site. It is further averred that the premises of the petitioner-firm was raided by the Assistant Sub Inspector of the Police which is in violation of the Haryana Liquor Licence Rules, 1970 and the rules laid down by the Financial Commissioner, Haryana in this behalf providing that Officer not below the rank of Deputy Superintendent of Police accompanied by an Excise Officer can check or raid the vend. The Excise and Taxation Commissioner (Prohibition) Haryana exercising the powers of Financial Commissioner gave the following instructions:

(2.) LAHORIA School to 12 quarters (within the Municipal limits).

(3.) A copy of the application made by them is Annexure R/1. From the perusal of Annexure P-4 annexed by the petitioner-firm with this petition, it emerges that the petitioner-firm wanted to open three more liquor vends in addition to one already allotted to them and these three liquor-vends included Hissar bye-pass chowk on Hissar-Barwala Road. If the petitioner firm had already been allotted and had opened liquor vend at Hissar bye-pass at Barwala-Hissar road, there was no necessity for them to apply again for getting sanction to run this liquor vend. It also emerges from the perusal of Annexure P-4 that actually the liquor vend was opened by the petitioner-firm in Auto Market Hissar where the licence to sell liquor was granted but the liquor-vend at Barwala-Hissar road near bye pass chowk was run by the petitioner-firm unlawfully and was unapproved and the vend was functioning in contravention of the Haryana Liquor Licence Rules, 1970 at an unapproved site.