Ten Writ Petitions fell due to a prior Division Bench decision striking down specific Denatured Spirit Rules and removing license requirements for denatured spirit under the Maharashtra Prohibition Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
939.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
(PRODUCTION BOARD DATED 07/03/2018)
Writ Petition NO. 1057 OF 2006
M/s.jubilant Organosys Ltd. ...Petitioner(s) Versus State Of Maharashtra And Ors. ...Respondent(s)
WITH
Writ Petition NO. 1285 OF 2016
M/s. Accordd Organics Pvt. Ltd. ...Petitioner(s) Versus
The State Of Maharashtra Through Principal Secretary And Ors ...Respondent(s)
WITH
Writ Petition NO. 2307 OF 2004
M/s.arss Biofuel Private Ltd. ...Petitioner(s) Versus State Of Maharashtra & Ors. ...Respondent(s)
WITH
Writ Petition NO. 2524 OF 2013
M/s. Abhijeet Chemicals Private Limited ...Petitioner(s) Versus
State Of Maharashtra, Through Principal Secretary, Home (state Excise) And Ors ...Respondent(s)
WITH
Writ Petition NO. 2680 OF 2012
M/s. Laxmi Petrochem
...Petitioner(s)
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Versus State Of Maharashtra, Through Principal Secretary, Govt Of Maha, Home (transport) Dept And Ors ...Respondent(s)
...Respondent(s)
WITH Writ Petition NO. 2784 OF 2013
Ceraflux India Pvt. Ltd. ...Petitioner(s) Versus State Of Maharashtra, Through Principal Secretary, Home (state Excise) Dept And Ors ...Respondent(s)
WITH
Writ Petition NO. 3976 OF 2016
M/s. Industrial Solvent And Chemicals Pvt. Ltd. ...Petitioner(s) Versus The State Of Maharashtra Through Principal Secretary And Anr. ...Respondent(s)
WITH
Writ Petition NO. 4408 OF 2016
Alkyl Amines Chemicals Ltd ...Petitioner(s) Versus The State Of Maharashtra Through Principal Secretary And Ors ...Respondent(s)
WITH
Writ Petition NO. 4958 OF 2010
M/s Jubilant Organosys Ltd. ...Petitioner(s) Versus State Of Maharashtra And Ors ...Respondent(s)
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WITH Writ Petition NO. 4981 OF 2014
Mohommed Farhan Mohammed Yunus Attarwala ...Petitioner(s) Versus The State Of Maharashtra, Through Principal Secretary, Home (state Excise) Dept And Anr ...Respondent(s)
WITH Writ Petition NO. 4988 OF 2006
M/s.chloritech Industries ...Petitioner(s) Versus
The State Of Maharashtra And Anr. ...Respondent(s)
WITH Writ Petition NO. 6305 OF 2015
M/s. Sterling Chemicals And Alcohols Private Limited ...Petitioner(s) Versus The State Of Maharashtra Through Principal Secretary And Ors ...Respondent(s)
WITH Writ Petition NO. 6607 OF 2011
Provik Industries ...Petitioner(s) Versus State Of Maharashtra And Ors ...Respondent(s)
WITH Writ Petition NO. 6726 OF 2015
Mrs. Indra S. Jain ...Petitioner(s)
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Versus The State Of Maharashtra Through Principal Secretary And Ors. ...Respondent(s)
WITH
Writ Petition NO. 7864 OF 2013
Mrs. Diya Dipesh Doshi, Prop. M/s. Prisha Chem ...Petitioner(s) Versus State Of Maharashtra, Through Principal Secretary, Home (state Excise) Dept And Ors ...Respondent(s)
WITH Writ Petition NO. 9158 OF 2014
The Best Workers Union ...Petitioner(s) Versus The Best Undertaking And Anr ...Respondent(s)
WITH Writ Petition NO. 10401 OF 2015
M/s. Jubilant Life Sciences Ltd. ...Petitioner(s) Versus
The State Of Maharashtra Through Principal Secretary, Gov.of Maha.,home (state Excise) Dept. And Ors
...Respondent(s)
WITH Writ Petition NO. 10403 OF 2015
Oaisis Alcohol Ltd ...Petitioner(s) Versus
The State Of Maharashtra Through Principal
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Secretary And Ors
...Respondent(s)
WITH Writ Petition NO. 11716 OF 2015
Alkoplus Producers Pvt. Ltd.
...Petitioner(s)
Versus
The State Of Maharashtra Through Principal Secretary, (state Excise) And Ors. ...Respondent(s)
...Respondent(s)
Mr. D.B. Sawant for the Petitioners.
Mr.C.P. Yaddav, AGP for the Respondents-State.
CORAM : SHANTANU KEMKAR & M.S. KARNIK, JJ. DATE : MARCH 08, 2018
P.C.:
8548 of 2004 in the case of M/s. Arss Biofuel Pvt. Ltd. vs.
State of Maharashtra and Ors. decided on 13th December,
2017.
these Writ Petitions are disposed of in terms of the order which
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reads thus :
“(a) The Bombay Denatured Spirit Rules, 1959 to the extent that they regulate the possession, use, sale, import, export and transport of denatured spirit viz. Rules 23 to 62 are ultra vires and unconstitutional and are struck down. (b) There shall be no licence required under the Maharashtra Prohibition Act for sale, purchase, transport, possession, storage, dehydration, import and export of denatured spirit.
(c) We hereby clarify that the power of the State Government in the case of rectified spirit supplied for industrial purposes is only to see and ensure that rectified spirit, whether in the course of its manufacture or after its manufacture, is not diverted or misused for potable purpose. The State can make necessary regulations requiring the industry to submit periodical statements of raw material and the finished product (rectified spirits) and is entitled to verify their correctness.
(d) The Writ Petitions are made absolute on the above terms with no order as to costs.”
(M.S. KARNIK, J.)
(SHANTANU KEMKAR, J.)
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M/s. Jubilant Organosys Ltd.
M/s. Accord Organics Pvt. Ltd.
M/s. Arss Biofuel Private Ltd.
M/s. Abhijeet Chemicals Private Limited
M/s. Laxmi Petrochem
Ceraflux India Pvt. Ltd.
SHANTANU KEMKAR
M.S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
