Viney Verma vs Excise Commissioner J&K Govt. ...
2021 Latest Caselaw 1794 j&K

                                                                          Sr. No. 1



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
CJ Court

Case: LPA No. 138 of 2021

Viney Verma                                              .....Appellant/Petitioner(s)

                                Through :- Sh. U K Jalali, Senior Advocate
                                           with Smt. Shivani Jalali, Advocate.
                          v/s

Excise Commissioner J&K Govt. Excise                              .....Respondent(s)
Taxation Complex Jammu and others
                                Through :- Sh. D C Raina, Advocate General
                                           Sh. K D S Kotwal, Dy. AG.

     CORAM:
     HON'BLE THE CHIEF JUSTICE
     HON'BLE MR. JUSTICE MOHAN LAL, JUDGE

                                    ORDER

1. Heard Sh. U K Jalali, Senior Counsel assisted by Smt. Shivani Jalali,

learned counsel for the petitioner/appellant and Sh. D C Raina, learned

Advocate General assisted by Sh. KDS Kotwal, learned Dy. AG for the

respondents.

2. The Letters Patent Appeal has been preferred against the judgment

and order dated 24.12.2021 passed by the Writ Court disposing of the writ

petition of the petitioner/appellant with direction to approach the competent

authority within a period of ten days for issuance of "non-criminal antecedents

certificate" and in case, such a certificate is produced and submitted by the

petitioner/appellant, the State-respondents would decide the matter of grant of

liquor license to him within the next ten days in terms of the Excise Police

2021-22.

3. The petitioner/appellant was a successful bidder for grant of license

to run a retail sale counter of liquor for the location JMC, Ward No.49-F,

Transport Nagar, Narwal, Jammu.

4. The license to run the aforesaid liquor vend was granted

provisionally subject to the conditions and verifications of genuineness of the

documents submitted by him which would be verified within two months. The

said license upon verification was valid up to 31.03.2022. The aforesaid

provisional license was granted to the petitioner/appellant on the strength of the

provisional character certificate dated 20.05.2021 issued by the Sub Divisional

Police Officer subject to verification from the CID Headquarters regarding the

petitioner/appellant's involvement in political/subversive activities. The

certificate categorically states that it is valid only for three months i.e. up to

20.08.2021. The District Magistrate, Jammu vide letter dated 20.05.2021 gave

clearance to the petitioner/appellant to run the liquor vend at the described

location subject to outcome of pending proceedings against him. The character

certificate issued in favour of the petitioner/appellant on 20.05.20212 was

informed to have been cancelled as he was involved in several criminal cases

under different police stations in Jammu district as well as Crime Branch and

CBI. This was done by virtue of a corrigendum issued by the Sub Divisional

Police Officer, City West Jammu on 13.08.2021.

5. It may be pertinent to note here that the certificate issued to the

petitioner/ appellant was valid only for three months i.e. up to 20.08.2021 and

the same was stated to have been cancelled vide corrigendum communication

dated 13.08.2021. Even if it had not been cancelled, it would have lapsed on

20.08.2021 i.e. within seven days of the passing of the cancellation order

whereupon the petitioner/appellant would have been without any character

certificate which is an essential condition for the grant of liquor license.

6. The Excise Policy 2021-22 clearly provides that the license for

operating liquor vends shall be granted strictly in accordance with the statutory

provisions and the eligibility criteria laid down which, inter alia, provides that

the bidder should not have any criminal antecedents, meaning thereby, that no

person with criminal record is entitled for a liquor license.

7. The Excise Policy further clearly laid down that the bidder should

not have been convicted/charge-sheeted for any offence under J&K Excise Act

or should not be facing a trial in any criminal court for any non-bailable

offence or should have any criminal antecedents. It also provides that the

Excise Commissioner would get the documents furnished by the successful

bidder verified. The petitioner/ appellant while applying for the license has

submitted an affidavit which was mandatory to the effect that he has not been

convicted/charge-sheeted under the J&K Excise Act or is facing a trial in any

criminal court for any non-bailable offence or has any criminal antecedents.

8. The petitioner/appellant has not only admitted in paragraph 7 of the

writ petition that six criminal cases are registered against him, out of which he

has been acquitted in three cases, two cases are still pending wherein

proceedings have been stayed by the High court, meaning thereby, that the

aforesaid two cases are pending against him and that one other criminal case is

pending against him but has also accepted during arguments about the

pendency of the above criminal cases.

9. In view of the` aforesaid admission, the affidavit of the

petitioner/appellant submitted at the time of applying for the license is clearly

false.

10. In view of the aforesaid facts and circumstances, the

petitioner/appellant is not a person with clean image, rather is having criminal

antecedents against whom criminal cases are pending and that he has falsely

submitted an affidavit in order to procure license that he is not facing any trial

or is having any criminal antecedent, and if the authorities have revoked the

provisional character certificate issued to him, no illegality has been

committed. Moreover, such a provisional character certificate issued to the

petitioner/ appellant was for a fixed period which has already expired

whereupon no new certificate has been issued and produced by him.

11. In such circumstances, we are of the opinion that the learned Single

Judge has not committed any mistake in disposing of the petition and allowing

the petitioner/appellant to approach the competent authority for the issuance of

a fresh certificate whereupon on production the competent authority was left

free to consider whether the petitioner/ appellant be allowed to run the liquor

vend or not in accordance with the terms of the Excise Policy 2021-22.

12. Sh. Jalali, Senior Counsel in the end submitted that the

petitioner/appellant has invested about a crore of rupees in stocking liquor for

the sale in terms of the license granted and in case he is not allowed to run the

liquor vend, his entire stock would go waste.

13. In the above circumstances, the petitioner/appellant may approach

the Excise Commissioner for grant of permission to dispose of the stock and to

adjust the sale proceeds against the dues of the petitioner/appellant or if

necessary, to refund the same to him.

14. In case, any such application is moved, the Excise Commissioner

shall consider it in accordance with law and the Excise Policy, most

expeditiously, preferably within a period of two weeks.

15. The appeal lacks merit and is dismissed with the above observation.

                                   (MOHAN LAL)           (PANKAJ MITHAL)
                                      JUDGE                CHIEF JUSTICE


JAMMU
31.12.2021
RAJ KUMAR