2013 (7) TMI 715

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....12 and 24.8.2012. The review filed before the revisional authority has also been rejected on 12.12.2012. All the above orders have been impugned in this petition. Section 34 of the United Provinces Excise Act, 1910 provides for the suspension/cancellation of the liquor licenses. The Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules, 2002 vide Rule 21 lays down the grounds for cancellation of the license of country liquor shops whereas The Uttar Pradesh Excise Settlement of Licences for Retail Sale of Foreign Liquor (Excluding Beer and Wine) Rules, 2001 vide Rule 18 provides for grounds for cancellation of the licence of foreign liquor shops. The above rules are para materia to one another and int....

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.... information report in this regard was lodged against the above three persons and the petitioner. Subsequently, on further investigation on the direction of the Superintendent of Police, a report was submitted that there is no involvement of the petitioner in the incident of carrying/transporting the aforesaid Punjab made liquor. It is on the basis of the above that it is being contended by Mr. Pradeep Kumar, learned counsel for the petitioner that as his name has been removed from the criminal case, his licences for country and foreign liquor shops are not liable to be cancelled. The vehicle of the petitioner was borrowed for marriage purposes and in case it has been used for some illegal activity the petitioner cannot be penalised for ....

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....registered in his name. He also admits that he had lend the said vehicle to Guddu Upadhyay and the driver Sanjay Kumar on the relevant date. Possession connotes physical as well as constructive possession. The vehicle owned by the petitioner even if operated by someone else continues to be in actual control of the owner amounting to his constructive possession over the same. The operator of the vehicle would be deemed to be the agent of the owner of the vehicle and the petitioner would be vicariously liable for acts of the agent. It is important to note that it is not the case of the petitioner that the transaction or carrying of illicit liquor recovered from his vehicle was not within his knowledge. One of the accused arrested from the ....