Jammu & Kashmir High Court
Viney Verma vs Excise Commissioner & Others on 24 December, 2021
Author: Tashi Rabstan
Bench: Tashi Rabstan
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on : 20.12.2021
Pronounced on : 24.12.2021
WP(C) No.1738/2021
CM Nos. 8723/2021,
6698/2021
Viney Verma .....Petitioner
Through: Mr. U.K. Jalali, Sr. Adv., with Ms Shivani
Jalali, Advocate.
versus
Excise Commissioner & others .....Respondent(s)
Through: Mr. K.D.S. Kotwal, Dy.A.G.
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
JUDGMENT
1. Through the medium of this petition, the petitioner is seeking to quash :
i. Communication No.EC/Adm/5174-75 dated 18.08.2021 issued by TPA to Excise Commissioner, J&K, respondent No.1 herein, whereby the petitioner was informed that his liquor vend has been suspended in view of Communication No.ETO/CRS/2249-52 dated 14.08.2021 issued by the Excise & Taxation Officer, respondent No.3 herein;
ii. Communication No.ETO/CRS/2249-52 dated 14.08.2021 of Excise & Taxation Officer, respondent No.3 herein, addressed to Deputy Excise Commissioner, respondent No.2 herein;
iii. Corrigendum No.7563-67/SDCW dated 13.08.2021 issued by the SDPO, City West, respondent No.4 herein, by virtue of which the Character Certificate issued in favour of petitioner vide Communication No.546/SDCW dated 20.05.2021 has been cancelled.
iv. The petitioner is also seeking a direction to the respondents to allow him to run his liquor vend pursuant to License No.106/e- auction ID 583/JKEL-2/2021-22, Location JMC Ward No.49-F, Transport Nagar, Jammu.
2 WP(C) 1738/2021
2. The facts-in-brief, as projected in the writ petition, are that the petitioner was declared as successful bidder for retail sale of liquor for location JMC Ward No.49-F, Transport Nagar, Narwal, Jammu after he made a bid of rupees one crore and ninety two lacs, out of which he already deposited an amount of Rs.96 lacs, i.e., 50% of the bid value in terms of the excise policy. Accordingly, he was issued License No.106/e-auction ID 583/JKEL-2/2021- 22, Location JMC Ward No.49-F, Transport Nagar, Jammu. It is averred that after furnishing all the requisite formalities and depositing an amount of Rs.1.92 lacs as license fee equivalent to the bid amount, he had been conducting retail sale of liquor at the said premises. However, SDPO, City West issued Corrigendum No.7563-67/SDCW dated 13.08.2021, thereby cancelling the character certificate issued in favour of petitioner on the ground that the petitioner is involved in several cases registered at different police stations in Jammu District as well as Crime Branch and CBI. Acting on the said corrigendum, Excise and Taxation officer, City Excise Range, South, Jammu submitted a report to Deputy Excise Commissioner, Jammu vide Communication No.ETO/CRS/2249-52 dated 14.08.2021. Based on the said report, respondent No.1 herein vide Communication No.EC/Adm/5174-75 dated 18.08.2021 suspended the license for sale of liquor vend issued in favour of petitioner with a further direction to him to submit the non-criminal antecedents certificate duly certified by the competent authority within fifteen days. Hence, the present petition.
3. Learned senior counsel argued that out of the six cases registered against the petitioner, the petitioner has already been acquitted in three cases, whereas the other two cases are pending and the proceedings in last one has already been stayed by this Court and to this effect the petitioner has already given his 3 WP(C) 1738/2021 affidavit. Therefore, no question arises for suspending the license of petitioner for sale of liquor merely on the basis of corrigendum issued by the SDPO, City West, Jammu. He further argued that once the competent authority after verification of the record had issued the license for operating the liquor vend- in-question and obtained the bid amount of Rs.1,92,00,000/-, at this stage the petitioner cannot be deprived of reaping the benefits of said license, which otherwise to remain in operation for one year from the date of its issuance.
4. Objections have been filed on behalf of respondents contending therein that Clause 2.4.3 of the Excise Policy clearly provided that the bidder should not have criminal antecedents. Since SDPO, City West, in his Corrigendum dated 13.08.2021 has clearly mentioned that the petitioner is involved in several cases registered at different police stations in Jammu District as well as Crime Branch and CBI, as such the respondents have no option but to suspend the liquor vend of petitioner thereby giving him opportunity to submit the non- criminal antecedents certificate duly certified by the competent authority.
5. Heard learned counsel appearing for the parties, considered their rival contentions and also gone through the file.
6. Clause-2.2.1 of the Excise Policy 2021-22 clearly provides that the licenses for operating liquor vends shall be granted strictly in-accordance with the provisions of the J&K Excise Act, Svt. 1958, whereas Clause-2.4.3 regarding eligibility criteria clearly provides that the bidder should not have criminal antecedents; meaning thereby the excise policy 2021-22 does not allow participation of persons with criminal antecedents. But, in the present case, the petitioner in paragraph-7 of the writ petition has himself admitted that there were six criminal cases registered against him, out of which he has been 4 WP(C) 1738/2021 acquitted in three cases, two cases are still pending and the proceedings in the last one have been stayed by this Court; meaning thereby the petitioner is still accused in three criminal cases. The respondents in paragraph-3 of the objections have specifically averred that the petitioner in order to obtain the liquor license had sworn the false affidavit that he does not have criminal antecedents.
7. Be that as it may, since the SDPO, City West, vide Corrigendum dated 13.08.2021 has cancelled the character certificate of petitioner on the ground that he is involved in several cases registered at different police stations in Jammu District as well as Crime Branch and CBI, and acting on the said corrigendum as well as the report of Excise & Taxation Officer, City Excise Range, South, the Excise Commissioner while suspending the liquor vend of petitioner directed him to submit the non-criminal antecedents certificate duly certified by the competent authority within fifteen days; as such, in my view the petitioner instead of coming to this Court by way of present writ petition ought to have furnished the non-criminal antecedents certificate within the specified period so as to come clean in terms of Clause-2.4.3 of the Excise Policy and the things would have been set at right then and there. Thus, the petitioner has prematurely filed the present writ petition.
8. As regards the contention of learned senior counsel for petitioner that the District Magistrate, Jammu vide Communication No.DCJ/Misc/2021-22/851- 55 dated 20.05.2021 had issued the clearance certificate in favour of petitioner or the premises located at JMC Ward No.49(F), Transport Nagar, Jammu for grant of JKEL-2 License (Wine Shop), it is submitted that in terms of Clause- 2.4.8 of the Excise Policy the Deputy Commissioner/District Magistrate of the 5 WP(C) 1738/2021 concerned District is the competent authority only for the purpose of issuing the clearance certificate with regard to the location of the vend, whereas the final decision with respect to the issuance of liquor license and sale of liquor rests with the Excise Commissioner. Thus, the petitioner has wrongly interpreted the said clause.
9. In view of what has been discussed above, I deem it proper to dispose of the writ petition with a direction to the petitioner to approach the competent authority within a period of ten days from today for submitting the non- criminal antecedents certificate in terms of impugned communication dated 18.08.2021. In case the petitioner submits the non-criminal antecedents certificate, in that eventuality the respondents shall decide the matter positively within a period of next ten days. Whether the petitioner to allow to run the liquor vend or not shall depend upon the decision of respondents. It is made clear that in case the petitioner does not submit the criminal antecedents certificate within a period of ten days from today, the respondent shall be free to go ahead in terms of Excise Policy 2021-22. Connected CMs, accordingly, stand disposed of.
Jammu: (Tashi Rabstan)
24.12.2021 Judge
(Anil Sanhotra)
Whether the order is reportable ? Yes/No
Whether the order is speaking ? Yes/No
ANIL SANHOTRA
2021.12.24 15:09
I attest to the accuracy and
integrity of this document