2016 (10) TMI 642

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....direction ordering and directing the Respondents, their subordinate servants and agents to forthwith permit the Petitioner to clear the said Laboratory Chemical-Ethanol AR covered under Bill of Entry Nos. 2928884, dated 14-10-2015 and 3599576, dated 15-12-2015 without any condition including insisting on any state excise license" Prayer clause (a) in Writ Petition No. 1462 of 2015 reads thus : "(a) this Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ, order or direction ordering and directing the Respondents, their subordinate servants and agents to forthwith permit the Petitioner to clear 27,500 liters of the said Laboratory Chemical Ethanol AR covered under the Bill of Entry No. 3036167, dated 26-10-201....

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.... of Maharashtra Prohibition Act, 1949. The said Commissioner insist that any transactions in spirit, alcohol and liquor are regulated and controlled. Therefore, their misuse and otherwise diversion leads to tragedies like hooch tragedy. All such tragedies occurred because of consumption of spurious liquor. Several substances are mixed and that is dangerous and unsafe for human consumption. It is with this end in mind that the Customs have been requested not to release the goods unless the State Excise license or No Objection Certificate is produced. 6. This position is contested by the Petitioners but we do not wish to enter into this controversy. Mr. Prakash Shah appearing for the Petitioners states that the Petitioners are desirous ....