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
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NEUTRAL CITATION
R/CR.MA/17392/2023 ORDER DATED: 26/10/2023
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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.