Business Law

The State Of Maharashtra And Ors. vs Doburg Lager Breweries Pvt. Ltd. on 7 June, 1996

Bombay High Court Bombay High Court The State Of Maharashtra And Ors. vs Doburg Lager Breweries Pvt. Ltd. on 7 June, 1996 Equivalent citations: 1996 (5) BomCR 478 Author: A Shah Bench: B Saraf, A Shah JUDGMENT A.P. Shah, J. 1. This appeal by the State of Maharashtra is directed against the order of the learned Single Judge whereby the learned Judge has set aside the order of cancellation of Form BRL licence issued to the respondent and further directed restoration of the said licence to the respondent. Briefly, the facts of the case are that the respondent is a private limited company engaged in the business of manufacturing beer and is having its brewery at MIDC, Satara. The respondent was granted licence in Form BRL under Rule 3 of the Maharashtra Manufacturers of Beer and Wine Rules, 1966 ('Rules' for short) for the manufacture of beer. The said rules have been framed by the State Government under section 143(2) of the Bombay Prohibition Act, 1949 ('Act' for short). Originally the licence came to be granted to the respondent in or about 1972 and the same was renewed from time to time every five years. The last of such renewal was made on 1st April, 1982 and the said licence was valid upto 31st March, 1987. 2. Some time in August, 1985 the State Government received information that the production of large quantity of beer at the brewery of the respondent was suppressed and its bottling and sale was being carried by the respondent by evading payment of excise duty to the Government. The Government, therefore, directed investigation in the matter and if necessary, to carry out raids on the premises of the respondent at Satara. The raids were carried out on 23rd August, 1985 in the licensed premises of the brewery and on 26th August, 1985 at the registered office of the brewery at Bombay. On 5th September, 1985 the residential premises of the Assistant Security Officer of the...