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2013 (7) TMI 858 - ALLAHABAD HIGH COURTCompounding of an offence under Section 74 of U.P. Excise Act, 1910 – Petitioner was granted licence for retail sale of country liquor in accordance with the provisions of U.P. Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002 for the execise year 2010-2011 - Petitioner in fact was selling country liquor, which was issued for sale for the previous excise year i.e. 2009-2010. Under the provisions of Rules, 2002, it is mandatory that the outgoing licencee at the end of the excise year shall surrender all the stocks pertaining to that year and is not entitled to sale the liquor of the previous year, under the licence for current year - Petitioner more or less admitted sale of liquor of the previous year and on that basis the Collector proceeded to cancel the licence of the petitioner – Held that:- Court finds that absolutely no application was made by the petitioner at any point of time under Section 74 of U.P. Excise Act, 1910 for the offence being compounded. Compounding of an offence under Section 74 of Act, 1910 is at the discretion of the licencing authority. If the petitioner has failed to avail the remedy so provided and has contested the proceedings on merit, he cannot now be permitted to turn around and contended that the offence should have been compounded instead of cancelling his licence – Decided against the Petitioner. Forfeiture of security money of licence – Held that:- No such plea had been raised before the State Government. Order of statutory authority cannot be challenged on a ground not raised/pressed before the authority concerned – Decided against the Petitioner
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