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Ketan K. Bhayani v. State of Maharahstra and Ors.

Bombay HC4 Apr 2018WP/2193/2008

Case brief

AI extract

What is this about?

The Division Bench disposed of multiple writ petitions by following a previous judgment striking down Rules 23 to 62 of the Bombay Denatured Spirit Rules. The Court held no licence is required under the Maharashtra Prohibition Act for denatured spirit and clarified the State's regulatory power over rectified spirit.

What did the court decide?

Rules 23 to 62 of Bombay Denatured Spirit Rules struck down; no licence required under Maharashtra Prohibition Act for denatured spirit operations.

Ketan K. Bhayani Vs State of… — Constitutional and Fundamental Rights | Bombay HC (2018)

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WP 3102-07 & ors..doc

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DDR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3102 OF 2007

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M/s. Coatings and Coatings (India) Private Limited ...Petitioner

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Vs.

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State of Maharashtra & ors. ...Respondents WITH

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WRIT PETITION NO. 2193 OF 2008 Ketan K. Bhayani ...Petitioner Vs. State of Maharashtra & ors. ...Respondents WITH WRIT PETITION NO. 9920 OF 2012 Sharad Bhogilal Doshi ...Petitioner Vs. State of Maharashtra ...Respondent WITH WRIT PETITION NO. 11548 OF 2014 Moiz Ali Murtuza Mohasinali ...Petitioner Vs. State of Maharashtra & ors. ...Respondents

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WITH WRIT PETITION NO.11550 OF 2014

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Bharat Kalyanji Nandu ...Petitioner Vs. State of Maharashtra & ors. ...Respondents

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Mr. Vinayak R. Salokhe a/w. Mr. Ramesh Lad i/by. Mr. D.B. Savant for petitioners.

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Mr. Sandip Babar, AGP for State.

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CORAM : SHANTANU S. KEMKAR & M.S.KARNIK, JJ.

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DATE : 4^th APRIL, 2018.

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WP 3102-07 & ors..doc

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P.C. :

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. Parties through their counsel.

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It is not in dispute that the question involved in these Petitions is covered by the Judgment passed by the Division Bench of this Court in various Writ Petitions including Writ Petition No. 8548 of 2004 in the case of M/s. Arss Biofuel Pvt. Ltd. vs. State of Maharashtra and Ors. decided on 13th December, 2017.

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In the circumstances, for the reasons stated in the judgment passed in the case of M/s. Arss Biofuel Pvt. Ltd. (supra) these Writ Petitions are disposed of in terms of the order which reads thus :

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“(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.

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(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.

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WP 3102-07 & ors..doc

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(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.

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(d) The Writ Petitions are made absolute on the above terms with no order as to costs.”

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Rule made absolute in the aforesaid terms.

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( M.S.KARNIK, J.)

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(SHANTANU S. KEMKAR, J.)

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Ketan K. Bhayani v. State of Maharahstra and Ors.

Case brief

What is this about?

What did the court decide?

Ketan K. Bhayani v. State of Maharahstra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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