On Wednesday, the Delhi High Court observed that that the government (Delhi) has the power and jurisdiction to float the New Excise Policy 2021. The court also refused to stay the closure of retail vends having L7 licences for the sale of Indian liquor in private sector under the old policy with effect from September 30.

“Government ought to be given free movement in the joints. It ought to be kept in mind that change is inevitable and excise policy is no exception. New experiments are always being permitted in matters of policy. Prima facie, we do not want to prejudice the resultant effect of the policy,” said the bench which also comprised Justice Jyoti Singh.

“Prima facie, the respondent has all the powers and jurisdiction to float a new excise policy under the Delhi Excise Act, 2009 and its Rules,” it added.

A bench headed by Chief Justice D N Patel, dealing with an application by one such licence holder – Rattan Singh – for stay on the closure, said that prima facie, the new mechanism did not violate any of his rights. The application was part of the petition seeking to extend the licence in parity with other categories under the provisions of the Delhi Excise Act. 

The court further stated that to withdraw from the sale and distribution, in a phased manner, of liquor was a policy decision of the Delhi government under the new regime, which has its own benefits.

 “Prima facie, the mechanism which is going to be adopted under the new policy does not violate any right of the petitioner… Even if L7 licences are brought to an end with effect from September 30, there is no prima facie case in favour of the petitioner because there is no discrimination,” the court said.

The court stated that the public at large was not going to suffer on account of the closure as other categories of vends would continue to operate.

“There are different types of licences for different purposes, from L1 to L35… Public at large is not going to suffer. Other licences would continue. Public will have to move out of their comfort zone. Everything will not be at the doorstep when there is transformation,” it remarked.

Out of 849 vends under the new policy, 260 vends have L7 and L10 licences (retail sale of Indian and foreign liquor), the court noted.

(Only the headline and picture of this report may have been reworked by the LatestLaws staff; the rest of the content is auto-generated from a syndicated feed.)

Source Link

Picture Source :