Disposed

M/S.S.R.Drugs Private Limited v. State of Maharashtra and Ors.

Bombay HC21 Jun 2018WP/2689/2006

Case brief

AI extract

What is this about?

The High Court disposed of three joint writ petitions by following a division bench judgment that struck down specific rules of the Bombay Denatured Spirit Rules, 1959 as ultra vires and unconstitutional, and held that no license under the Maharashtra Prohibition Act is required for denatured spirit.

What did the court decide?

Bombay Denatured Spirit Rules, 1959 (Rules 23 to 62) struck down; no licence required under Maharashtra Prohibition Act for denatured spirit.

M/S.S.R.Drugs Private Limited Vs State… — Constitutional and Fundamental Rights | Bombay HC (2018)

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201-wp-2689-2006.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2689 OF 2006

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M/s. S.R. Drugs Private Limited ...Petitioner

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vs.

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State of Maharashtra and Others ...Respondents

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WITH

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WRIT PETITION NO.7145 OF 2017

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M/s. Provik Petrochem LLP ...Petitioner

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vs.

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State of Maharashtra and Others ...Respondents

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WITH

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WRIT PETITION NO.8727 OF 2009

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Ashok Nathalal Gandhi ...Petitioner

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vs.

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State of Maharashtra and Others ...Respondents

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Mr. D.B. Savant a/w. Mr. V.R. Salonkhe, Mr. Santosh Patil and Mr. Ramesh Lad, for the Petitioners. Mr. Sandeep Babar, AGP for Respondent-State.

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Mr. V.G. Indise, Joint Commissioner, State Excise, Mumbai present

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CORAM : SHANTANU KEMKAR &

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N. W. SAMBRE, JJ.

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DATE : JUNE 21, 2018

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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

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Petitions is covered by the Judgment passed by the Division Bench

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Vishal Parekar

201-wp-2689-2006.doc

of this Court in various Writ Petitions including Writ Petition No.

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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

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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

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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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(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.”

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4. Rule made absolute in the aforesaid terms.

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(N.W. SAMBRE, J.) (SHANTANU KEMKAR, J.)

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2/2

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Vishal Parekar

M/S.S.R.Drugs Private Limited v. State of Maharashtra and Ors.

Case brief

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M/S.S.R.Drugs Private Limited v. State of Maharashtra and Ors.

Case brief

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