2003 (9) TMI 759 - SC - Indian Laws

High Court Judgment Upheld: Illegal Penalties Imposed

STATE OF BIHAR AND ORS. Versus INDUSTRIAL CORPORATION PVT. LTD. AND ORS.

STATE OF BIHAR AND ORS. Versus INDUSTRIAL CORPORATION PVT. LTD. AND ORS. - 2003 (3) Suppl. SCR 362, 2003 (11) SCC 465, 2003 ( Issues Involved:1. Levy of penalty for loss or wastage of molasses by the State of Bihar.2. Legislative competence of the State of Bihar to impose such penalties.3. Procedural fairness in the imposition of penalties.4. Validity of the demand notices issued based on the audit report.5. Applicability of the Bihar Molasses (Control) Act, 1947, and Bihar Excise Act, 1915.Detailed Analysis:1. Levy of Penalty for Loss or Wastage of Molasses:The primary issue was whether the State of Bihar could levy a penalty for the loss or wastage of molasses. The respondents, engaged in the manufacture of spirit from molasses, were penalized based on an audit report by the Comptroller and Auditor General, which identified potential revenue loss due to wastage. The penalty was justified by the appellants based on condition no. 8 of a tender notice issued under the Bihar Excise Act. However, the High Court found that the penalty was imposed without issuing any show-cause notice to the respondents, which violated principles of natural justice.2. Legislative Competence of the State of Bihar:The High Court examined the legislative competence of the State to impose such penalties. It concluded that the State had no jurisdiction to levy the penalty, referencing the Supreme Court's decision in Synthetics and Chemicals Ltd. v. State of U.P., which held that the State could not levy duty on spirit not meant for human consumption. The State's power was limited to imposing duties on spirit intended for human consumption under Entry 51 of List II of Schedule VII.3. Procedural Fairness in the Imposition of Penalties:The High Court noted that no opportunity was given to the respondents to be heard before the penalty was imposed. There was no adjudication of any breach of condition no. 8 of the tender notice. The Supreme Court affirmed this, emphasizing that the imposition of penalties without a fair hearing and proper adjudication was against the principles of natural justice and thus illegal and void.4. Validity of the Demand Notices Issued Based on the Audit Report:The demand notices were issued solely based on the audit report without independent verification by the statutory authorities. The Supreme Court held that statutory authorities must act within the statutory framework and could not rely solely on the audit report without conducting their own investigation. The penalty imposed was therefore deemed invalid.5. Applicability of the Bihar Molasses (Control) Act, 1947, and Bihar Excise Act, 1915:The High Court found that neither the 1947 Act nor the 1915 Act provided for the imposition of such penalties. The respondents did not participate in the tender process or possess the necessary licenses under the tender notice, making the penalty clause inapplicable. The Supreme Court concurred, stating that the statutory provisions did not support the imposition of penalties for shortfall in spirit production from molasses.Conclusion:The Supreme Court upheld the High Court's judgment, dismissing the appeals and confirming that the imposition of penalties was illegal. The State lacked legislative competence to levy such penalties, and the procedural fairness was violated as no opportunity for a hearing was provided. The demand notices based on the audit report were invalid, and the applicable laws did not support the penalties imposed. The appeals were dismissed with no order as to costs.