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Mukesh Ishwarlal Jaiswal vs State Of Gujarat on 26 October, 2023

Nowhere in the aforesaid reference of oral order dated 10.10.2016 rendered in Kantilal G. Tandel Vs. State. In all those cases, no arguments or contentions raised or dealt with qua the applicability of Gujarat Prohibition Act and qua abetment or conspiracy. The case of the applicant was that the concerned applicant / petitioner is having a valid licence and they were doing Page 9 of 15 Downloaded on : Thu Nov 02 20:30:50 IST 2023 NEUTRAL CITATION R/CR.MA/17392/2023 ORDER DATED: 26/10/2023 undefined their business in Union Territory and there was a question of the breach of licence. In the present case, the applicant is having no any valid licence. Hence, question of breach of licence and proceeding required to be initiated by the Officer of the Excise Department itself does not arise. The allegation against the present applicant is not only abettment, but he has supplied the liquor and is not having a valid licence also. As discussed in the earlier part, the licence of mother of applicant is expired. It was a retail licence only for consumption purpose and that too in the premises and said licence was expired. Hence, fact of the case in the hands is quite different from the other orders.
Gujarat High Court Cites 35 - Cited by 0 - Full Document

Mukesh Ishwarlal Jaiswal vs State Of Gujarat on 26 October, 2023

Nowhere in the aforesaid reference of oral order dated 10.10.2016 rendered in Kantilal G. Tandel Vs. State. In all those cases, no arguments or contentions raised or dealt with qua the applicability of Gujarat Prohibition Act and qua abetment or conspiracy. The case of the applicant was that the concerned Page 9 of 15 Downloaded on : Thu Nov 02 20:30:54 IST 2023 NEUTRAL CITATION R/CR.MA/17487/2023 ORDER DATED: 26/10/2023 undefined applicant / petitioner is having a valid licence and they were doing their business in Union Territory and there was a question of the breach of licence. In the present case, the applicant is having no any valid licence. Hence, question of breach of licence and proceeding required to be initiated by the Officer of the Excise Department itself does not arise. The allegation against the present applicant is not only abettment, but he has supplied the liquor and is not having a valid licence also. As discussed in the earlier part, the licence of mother of applicant is expired. It was a retail licence only for consumption purpose and that too in the premises and said licence was expired. Hence, fact of the case in the hands is quite different from the other orders.
Gujarat High Court Cites 35 - Cited by 0 - Full Document

Mukesh Ishwarlal Jaiswal vs State Of Gujarat on 26 October, 2023

Nowhere in the aforesaid reference of oral order dated 10.10.2016 rendered in Kantilal G. Tandel Vs. State. In all those cases, no arguments or contentions raised or dealt with qua the applicability of Gujarat Prohibition Act and qua abetment or Page 9 of 15 Downloaded on : Thu Nov 02 20:30:48 IST 2023 NEUTRAL CITATION R/CR.MA/12589/2023 ORDER DATED: 26/10/2023 undefined conspiracy. The case of the applicant was that the concerned applicant / petitioner is having a valid licence and they were doing their business in Union Territory and there was a question of the breach of licence. In the present case, the applicant is having no any valid licence. Hence, question of breach of licence and proceeding required to be initiated by the Officer of the Excise Department itself does not arise. The allegation against the present applicant is not only abettment, but he has supplied the liquor and is not having a valid licence also. As discussed in the earlier part, the licence of mother of applicant is expired. It was a retail licence only for consumption purpose and that too in the premises and said licence was expired. Hence, fact of the case in the hands is quite different from the other orders.
Gujarat High Court Cites 35 - Cited by 0 - Full Document

Mukesh Ishwarlal Jaiswal vs State Of Gujarat on 26 October, 2023

Nowhere in the aforesaid reference of oral order dated 10.10.2016 rendered in Kantilal G. Tandel Vs. State. In all those cases, no arguments or contentions raised or dealt with qua the applicability of Gujarat Prohibition Act and qua abetment or conspiracy. The case of the applicant was that the concerned Page 9 of 15 Downloaded on : Thu Nov 02 20:30:52 IST 2023 NEUTRAL CITATION R/CR.MA/17394/2023 ORDER DATED: 26/10/2023 undefined applicant / petitioner is having a valid licence and they were doing their business in Union Territory and there was a question of the breach of licence. In the present case, the applicant is having no any valid licence. Hence, question of breach of licence and proceeding required to be initiated by the Officer of the Excise Department itself does not arise. The allegation against the present applicant is not only abettment, but he has supplied the liquor and is not having a valid licence also. As discussed in the earlier part, the licence of mother of applicant is expired. It was a retail licence only for consumption purpose and that too in the premises and said licence was expired. Hence, fact of the case in the hands is quite different from the other orders.
Gujarat High Court Cites 34 - Cited by 0 - Full Document

Mukesh Ishwarlal Jaiswal vs State Of Gujarat on 26 October, 2023

Nowhere in the aforesaid reference of oral order dated 10.10.2016 rendered in Kantilal G. Tandel Vs. State. In all those cases, no arguments or contentions raised or dealt with qua the applicability of Gujarat Prohibition Act and qua abetment or conspiracy. The case of the applicant was that the concerned Page 9 of 15 Downloaded on : Thu Nov 02 20:30:56 IST 2023 NEUTRAL CITATION R/CR.MA/17537/2023 ORDER DATED: 26/10/2023 undefined applicant / petitioner is having a valid licence and they were doing their business in Union Territory and there was a question of the breach of licence. In the present case, the applicant is having no any valid licence. Hence, question of breach of licence and proceeding required to be initiated by the Officer of the Excise Department itself does not arise. The allegation against the present applicant is not only abettment, but he has supplied the liquor and is not having a valid licence also. As discussed in the earlier part, the licence of mother of applicant is expired. It was a retail licence only for consumption purpose and that too in the premises and said licence was expired. Hence, fact of the case in the hands is quite different from the other orders.
Gujarat High Court Cites 34 - Cited by 0 - Full Document
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