Sindh Excise Manual

Petitioners sought restraining order against authorities for issuance of liquor licence to respondent on the ground that it was against the will and wishes of petitioner and of the people of locality

Validity

Requirement of paragraphs 100 and 282-A(19) of Sindh Excise Manual Volume-I, were complied with; there was no allegation that terms and conditions of the licence were violated by respondent

Mere allegation of petitioner which upon rebuttal were not denied must not come into the way of respondent in pursuing his business under the licence

Only event where business of liquor could be prevented was when the licencee had violated the provisions of licence and fell within the mischief of Art.19 of Prohibition (Enforcement of Hadd) Order, 1979

Respondent was not found violating any provision of Constitution and/or provisions of Prohibition (Enforcement of Hadd) Order, 1979, and such violations were not present in the matter and the licence was subsisting and was issued after overcoming rigours thereof

High Court declined to interfere in the matter

Petition was dismissed in circumstances.

Sanction to change in venue can be allowed within same town or village and the provision of Vol. I, Para.100(8) of the 'Sindh Excise Manual does not provide for inter-District transfer/change.

Sindh Excise Manual Vol. I, para. 282?A(19)???Prohibition (Enforcement of I?1-add) Order (4 of 1979), Art. 19???Constitution of Pakistan (1973), Art.199???Constitutional petition???Cancellation of licence of liquor shop???Such licence was cancelled by Authority on the ground that there was a mosque within the radius of 230 feet of the shop???Validity???Licence was issued in the year 1996 which was renewed in subsequent years 1997 and 1998 making the same valid up to 30?6?1999???Worship place was built after, the wine shop was allowed to be opened and even much after the renewal of licence in year 1997???Authority did not exercise its jurisdiction legally and lawfully while cancelling such licence???Order of Authority was set aside in circumstances.

Petitioner, a licence holder for sale of liquor had challenged the grant of licence to the respondent for the sale of liquor

Contention raised by the petitioner was that grant of licence to the respondent was against the rules and was in violation of Arst.18 & 37(h) of the Constitution

Validity

Held, where the Authorities had complied with the legal formalities and there was no violation of para.100 of Sindh Excise Manual, there was no violation on the part of Authorities in granting of licence to the respondent

Constitutional petition was dismissed in circumstances.

S. 35-A-Sind Excise Manual-1, sub-para. (13) of para. 71Giving of powers to Commissioner, Excise and Taxation to frame rules, not doubted-New levy, held, could not be imposed by such delegated legislation - Sub-para. (13) of para. 71 of Sind Excise Manual-I, whereunder excise duty could be imposed on any wastage, which in opinion of Director, Excise and Taxation is excessive or not properly accounted for, held, ultra vires of powers of Commissioner.

Sindh Excise Manual para. 113-Does not prohibit grant of a provisional licence.