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2019 (2) TMI 1758 - HC - Central ExcisePermission for shifting of the liquor shop - scope of 'local area' as per Pondicherry Excise Act, 1970 - presence of liquor vending on National and State Highways across the Country and the alarming statistics as to the occurrence of roads accidents on account of drunk and driving - HELD THAT:- The interpretation now given by the official respondents is that the definition of the word ''place'' under section 2[22] of the Act, 1970, is an inclusive definition, which definition includes region also. Chapter IX deals with the lease of the right of retail vend of liquors and though the said Chapter has no application to FL-1 license, as per Rule 163, for shifting of the shop, the licensing authority may either on the application of the licensee or otherwise and for the reasons to be recorded in writing, direct shifting of a shop from one place to another and the licensee shall not be entitled to any compensation on account of such shifting - In the Principle of Statutory Interpretation 14th Edition, in Chapter II Synopsis II, while dealing with the natural and grammatical meaning, the learned author observed that, ''natural ordinary meaning of the words should not be departed from, unless it can be shown that the logical context in which words are used requires a different meaning'' and also quoted the observations of the Hon'ble Mr. Justice Gajendra Khatkari in Hyden's case that, ''words used in the material provisions of the Statute must be interpreted in their plain grammatical meaning and it is only such words are capable of true constructions the question of giving effect to the policy or object of the Act legitimately or otherwise.'' The word/phrases/term ''place'' in the Pondicherry Excise Act, 1970 and the Rules framed thereunder is having a restrictive meaning. Sub-rule 2 of Rule 191 of Chapter XIII also says that in case of other shops, i.e., apart from Arrack and Toddy shops, the applicant shall select the site and intimate the licensing authority, who may, after making such enquiry as he thinks fit, approve the site so selected. The word ''site'' is referable to the site in a particular place only and in the case on hand, the liquor shop, in which the 4th respondent has been granted FL-1 License at Mahe Region, wants to shift the same to Karaikal Region which is around 650 Kms away. The area defined under section 2[22] of the Pondicherry Excise Act, 1970, and other Rules of the Pondicherry Excise Rules, 1970, are having restrictive meaning and it is restricted to the area in which, the liquor shop is located, pursuant to the license granted and the order granting shifting of the said shop, can be confined only to that area and not to a totally different region - petition allowed.
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