AMAR CHANDRA CHAKRABORTY versus COLLECTOR OF EXCISE, GOVERNMENT OF TRIPURA & ORS.

AMAR CHANDRA CHAKRABORTY versus COLLECTOR OF EXCISE, GOVERNMENT OF TRIPURA & ORS.

A licence granted for the wholesale vend of country spirit in Tripura can be withdrawn by the same authority under Section 43 of the Bengal Excise Act, 1909, and the cause for withdrawal need not be ejusdem generis with the grounds in Section 42. Section 43 is not violative of Articles 14 or 19 as trade in liquor is subject to legislative control given its nature. Grant of licence without public notice required by Section 22(1) is invalid, and the withdrawal based on a major policy decision is not arbitrary or collateral.

Parties
Appellant: Amar Chandra Chakraborty; Respondents: Collector of Excise, Government of Tripura & Ors.
Jurisdiction
India
Judgment Date
03 May 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated June 25, 1971 of the Court of Judicial Commissioner for Tripura
Outcome
appeal dismissed
Legal Topics
Withdrawal of Licence, Natural Justice, Reasonable Restriction, Public Notice Requirement
Constitutional Law Administrative Law Withdrawal of Licence Natural Justice Reasonable Restriction Public Notice Requirement

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Parties

Amar Chandra Chakraborty

Appellant

Collector of Excise, Government of Tripura & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated June 25, 1971 of the Court of Judicial Commissioner for Tripura

Legal Issues

  1. 1 Whether the Collector had power to withdraw the licence granted under Section 43 of the Bengal Excise Act, 1909
  2. 2 Whether Section 43 is violative of Article 14 or Article 19 of the Constitution
  3. 3 Whether withdrawal of licence requires a show cause notice or contravenes principles of natural justice

Ratio Decidendi

A licence granted for the wholesale vend of country spirit in Tripura can be withdrawn by the same authority under Section 43 of the Bengal Excise Act, 1909, and the cause for withdrawal need not be ejusdem generis with the grounds in Section 42. Section 43 is not violative of Articles 14 or 19 as trade in liquor is subject to legislative control given its nature. Grant of licence without public notice required by Section 22(1) is invalid, and the withdrawal based on a major policy decision is not arbitrary or collateral.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs