Excise officers have no authority to stop mere sale of jaggery & alum =
The action of the respondents in not allowing the petitioner to carry on business in the sale of black jaggery and alum; and in placing restrictions on the petitioner carrying on business in the sale and purchase of black jaggery, alum and other kirana items; is questioned in this Writ Petition, as being arbitrary and illegal.=
The sale of black jaggery and alum by itself does not violate any provision of law nor is it an offence under any enactment. It is only if it is used for preparation of illicit distilled liquor, can the petitioner be indicted and proceeded against. In the present case, no such allegation is made by the respondents.
Recording the submission of the learned Government Pleader that the respondents are not interfering with the petitioner’s business of sale and purchase of black jaggery and alum, the Writ Petition is closed.
It is made clear that this order will not preclude the respondents from taking action, in accordance with law, in case the petitioner is found to have committed any offence under any law in force.
| WP 3890 / 2013 | WPSR 20618 / 2013 |
|
THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.3890 of 2013
ORDER:
The action of the respondents in not allowing the petitioner to carry on business in the sale of black jaggery and alum; and in placing restrictions on the petitioner carrying on business in the sale and purchase of black jaggery, alum and other kirana items; is questioned in this Writ Petition, as being arbitrary and illegal.
When the matter came up earlier, learned Government Pleader for Prohibition and Excise sought time to obtain instructions. Today the learned Government Pleader, on instructions, would submit that the respondents are not interfering with the petitioner’s business of sale of alum and black jaggery; these two ingredients are generally used for preparation of illicit distilled liquor; and, in case the petitioner is found later to be carrying on any such activities, the respondents would take action in accordance with law.
The sale of black jaggery and alum by itself does not violate any provision of law nor is it an offence under any enactment. It is only if it is used for preparation of illicit distilled liquor, can the petitioner be indicted and proceeded against. In the present case, no such allegation is made by the respondents.
Recording the submission of the learned Government Pleader that the respondents are not interfering with the petitioner’s business of sale and purchase of black jaggery and alum, the Writ Petition is closed.
It is made clear that this order will not preclude the respondents from taking action, in accordance with law, in case the petitioner is found to have committed any offence under any law in force. The miscellaneous petitions pending, if any, shall also stand closed. There shall be no order as to costs.
______________________________
(RAMESH RANGANATHAN, J)
22.02.2013
kkm
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