Allowed

M/S. Industrial Solvent and Chemicals Pvt. Ltd. v. the State of Maharashtra through Principal Secretary and Anr.

Bombay HC8 Mar 2018WP/3976/2016

Case brief

AI extract

What is this about?

A single judgment order disposing of multiple connected writ petitions challenging the validity of the Bombay Denatured Spirit Rules, 1959 and the requirement of a licence under the Maharashtra Prohibition Act for denatured spirit. The court relies on a previous Division Bench judgment.

What did the court decide?

Rules 23 to 62 of Bombay Denatured Spirit Rules, 1959 struck down; no licence required for denatured spirit under Maharashtra Prohibition Act; State power restricted to preventing misuse of industrial

M/S. Industrial Solvent and Chemicals… — Constitutional and Fundamental Rights | Bombay HC (2018)

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939.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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(PRODUCTION BOARD DATED 07/03/2018)

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Writ Petition NO. 1057 OF 2006

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M/s.jubilant Organosys Ltd. ...Petitioner(s) Versus State Of Maharashtra And Ors. ...Respondent(s)

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WITH

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Writ Petition NO. 1285 OF 2016

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M/s. Accordd Organics Pvt. Ltd. ...Petitioner(s) Versus

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The State Of Maharashtra Through Principal Secretary And Ors ...Respondent(s)

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WITH

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Writ Petition NO. 2307 OF 2004

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M/s.arss Biofuel Private Ltd. ...Petitioner(s) Versus State Of Maharashtra & Ors. ...Respondent(s)

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WITH

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Writ Petition NO. 2524 OF 2013

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M/s. Abhijeet Chemicals Private Limited ...Petitioner(s) Versus

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State Of Maharashtra, Through Principal Secretary, Home (state Excise) And Ors ...Respondent(s)

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WITH

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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)

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...Respondent(s)

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WITH Writ Petition NO. 2784 OF 2013

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Ceraflux India Pvt. Ltd. ...Petitioner(s) Versus State Of Maharashtra, Through Principal Secretary, Home (state Excise) Dept And Ors ...Respondent(s)

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WITH

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Writ Petition NO. 3976 OF 2016

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M/s. Industrial Solvent And Chemicals Pvt. Ltd. ...Petitioner(s) Versus The State Of Maharashtra Through Principal Secretary And Anr. ...Respondent(s)

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WITH

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Writ Petition NO. 4408 OF 2016

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Alkyl Amines Chemicals Ltd ...Petitioner(s) Versus The State Of Maharashtra Through Principal Secretary And Ors ...Respondent(s)

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WITH

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Writ Petition NO. 4958 OF 2010

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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

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Mohommed Farhan Mohammed Yunus Attarwala ...Petitioner(s) Versus The State Of Maharashtra, Through Principal Secretary, Home (state Excise) Dept And Anr ...Respondent(s)

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WITH Writ Petition NO. 4988 OF 2006

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M/s.chloritech Industries ...Petitioner(s) Versus

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The State Of Maharashtra And Anr. ...Respondent(s)

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WITH Writ Petition NO. 6305 OF 2015

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M/s. Sterling Chemicals And Alcohols Private Limited ...Petitioner(s) Versus The State Of Maharashtra Through Principal Secretary And Ors ...Respondent(s)

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WITH Writ Petition NO. 6607 OF 2011

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Provik Industries ...Petitioner(s) Versus State Of Maharashtra And Ors ...Respondent(s)

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WITH Writ Petition NO. 6726 OF 2015

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Mrs. Indra S. Jain ...Petitioner(s)

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Versus The State Of Maharashtra Through Principal Secretary And Ors. ...Respondent(s)

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WITH

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Writ Petition NO. 7864 OF 2013

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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)

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WITH Writ Petition NO. 9158 OF 2014

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The Best Workers Union ...Petitioner(s) Versus The Best Undertaking And Anr ...Respondent(s)

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WITH Writ Petition NO. 10401 OF 2015

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M/s. Jubilant Life Sciences Ltd. ...Petitioner(s) Versus

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The State Of Maharashtra Through Principal Secretary, Gov.of Maha.,home (state Excise) Dept. And Ors

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...Respondent(s)

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WITH Writ Petition NO. 10403 OF 2015

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Oaisis Alcohol Ltd ...Petitioner(s) Versus

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The State Of Maharashtra Through Principal

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Secretary And Ors

...Respondent(s)

WITH Writ Petition NO. 11716 OF 2015

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Alkoplus Producers Pvt. Ltd.

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...Petitioner(s)

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Versus

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The State Of Maharashtra Through Principal Secretary, (state Excise) And Ors. ...Respondent(s)

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...Respondent(s)

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Mr. D.B. Sawant for the Petitioners.

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Mr.C.P. Yaddav, AGP for the Respondents-State.

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CORAM : SHANTANU KEMKAR & M.S. KARNIK, JJ. DATE : MARCH 08, 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 Petitions is covered by the Judgment passed by the Division Bench 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.

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State of Maharashtra and Ors. decided on 13th December,

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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)

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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.

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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 KEMKAR, J.)

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M/S. Industrial Solvent and Chemicals Pvt. Ltd. v. the State of Maharashtra through Principal Secretary and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Industrial Solvent and Chemicals Pvt. Ltd. v. the State of Maharashtra through Principal Secretary and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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