Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (3) TMI 673 - HC - Indian LawsSuspension of license - Adulteration in foods - Held that:- No where the impugned order would record the factum that Sri G. Yadaiah was the nowkarnama holder of the licensee. It is rather surprising that an Enforcement wing official of the Prohibition & Excise Department missed out to record such a factum. If Sri G. Yadaiah was not the nowkarnama holder of the licensee, he could not have applied for analysis of the second sample within three days period. The absence of the licensee or his nowkarnama holder, at the time of drawl of sample, therefore, requires the respondents to communicate, in writing, the factum of drawl of sample from the shop of the licensee, but the impugned order does not make any reference to any such communication. In my opinion, this is a failure on the part of the respondents. Therefore, the suspension order dated 03.02.2014, at best, can be understood as the notice delivered to the licensee that the sample has been drawn from out of his licensed shop premises. In such cases where no intimation relating to drawl of sample has been delivered to the licensee, the seven-day period built into the aforementioned portion of Rule 27(1) of the Rules, commences with the date of receipt of the order of suspension. Moment an order of suspension pending enquiry is passed, appropriate action must be initiated for conducting the enquiry. Enquiry will have to be completed within a time frame of 30 days. If the licensee were to ask for time, it would be a different matter, but any failure on the part of the officials to complete the enquiry in quick time is likely to degenerate into a punitive measure by itself, as was already pointed out. If suspension as a punitive measure is to be imposed upon a licensee, the requirement of providing an opportunity of hearing to him as built in under Section 31 has got to be complied with. Therefore, the respondents shall conclude the entire enquiry within 30 days and based upon their findings, action considered appropriate shall be taken - Decided in favour of assessee.
|