Chandigarh Excise Dept gets court rap for sitting on liquor firm owner's plea

Tribune News Service

Ramkrishan Upadhyay

Chandigarh, April 18

Chief Judicial Magistrate Dr Aman Inder Singh Sandhu has rapped the UT Excise Department for not taking decision on an application of an owner of a liquor firm seeking permission for transportation of leftover stock from one sector to another.

Observing that a citizen cannot be harassed relying upon sheer technicalities, the court directed the Assistant Excise and Taxation Commissioner (AETC) to decide the application within three days. The court further said the decision in such matters must be taken promptly, so that the citizens do not suffer avoidable loss and harassment. The court has directed that a decision so taken be communicated to the applicant and a copy thereof be sent to the court immediately.

An owner of a firm had filed the application under Section 457 of CrPC through advocate Vivek Kathuria for the release of seized liquor. It was stated that under the Excise Policy 2023-24, the applicant was granted licence for retail sale of country liquor at Sector 35-B. For the purpose, he took an SCO on lease. He again applied for licence under the Excise Policy 2024-25 and was issued a licence for a unit located in Sector 22-C.

The applicant said he gave an intimation to the AETC vide letter dated March 28 and sought issuance of a pass authorising the firm to transport its leftover liquor from Sector 35-B to Sector 22-C, but no decision on the application was communicated to him.

After hearing the arguments, the court said the AETC was legally bound to decide the application as per the rules applicable to the UT. Sitting over an application causes unnecessary harassment and loss to the dealer. The court observed that in view of this, the AETC was directed to decide the application within three days as per law and rules applicable. The court adjourned the hearing of the case to April 24.

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