Allowed

Chandrapur Zilla Liquor Association Thr. Member and Advisor v. State of Maharashtra Thr. Its Chief Secty. and Ors.

Bombay HC24 Jul 2013WP/100/2013

Case brief

AI extract

What is this about?

The petitioner sought directions to follow the Bombay Prohibition Act, 1949 and action against police officers for breach of policy. The Court allowed the petition in view of a Government Resolution clarifying the Excise Department's exclusive authority over license breaches.

What did the court decide?

The petition was allowed to ensure police authorities follow the Government Resolution dated 18.7.2013 reserving license breaches for the Excise Department.

Chandrapur Zilla Liquor Association Thr. Member and… — Service and Employment | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Writ Petition No. 100 of 2013

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Chandrapur Zilla Liquor Association Through its Member and Advisor Shri Chandrakant Advani

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Vrs.

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The State of Mah. Through its Chief Secretary, Home Department, Mantralaya, Mumbai and 5 others.

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Office Notes, Memoranda of Coram, appearances, Court's orders or directions and Registrar's order

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Court's or Judge's orders

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Mr. Firdos Mirza, counsel for petitioner. Mr. N.W. Sambre, Public Prosecutor for respondents.

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CORAM : B.R. GAVAI AND P.N. DESHMUKH, J J. DATED : 24th July, 2013

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The petitioner does not press the relief under prayer clause (b), hence the petition is dismissed in so far as the prayer clause (b) is concerned.

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This petition has been basically filed for a direction to the respondents to follow the procedure prescribed under the Bombay Prohibition Act, 1949, to order for an appropriate disciplinary action against the

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Police Officers responsible for the breach of the Government policy and not to take action against the licensees under the Bombay Prohibition Act.

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In view of the controversy, this court by its earlier order dated 12.2.2013 in W.P. No. 56 of 2013 had directed the State Govt. to resolve the dispute.

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Accordingly, the Govt. Resolution dated 18.7.2013 has been issued by the State Govt, thereby directing that in case of breach of licence it will be only the authority under the Excise Department which would be competent to take action. It has been further directed that if such a breach is informed by the officer of the police department, they should intimate about the same to the Excise Authority.

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It has been further clarified that only in so far as sale of illicit liquor or smuggling of liquor is concerned, the police authority would be in a position to take action.

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In that view of the petter, the petition is allowed. Needless to state that the police authorities would scrupulously follow the government resolution dated 18.7.2013 and not unnecessarily meddle in the government

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which is now exclusively reserved for the excise department.

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JUDGE JUDGE

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Hirekhan

Chandrapur Zilla Liquor Association Thr. Member and Advisor v. State of Maharashtra Thr. Its Chief Secty. and Ors.

Case brief

What is this about?

What did the court decide?

Chandrapur Zilla Liquor Association Thr. Member and Advisor v. State of Maharashtra Thr. Its Chief Secty. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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