TMI Blog1994 (4) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... us with the right of representation conferred on the detenu by Article 22(5) of the Constitution. Thus, according to the view taken in these two cases, the power of + From the Judgment and Order dated 27-10-1993 of the Bombay High Court in Crl. W.P. No. 1092 of 1993 1 (1985) 2 SCC 24: 1985 SCC (Cri) 149 2 (1991) 4 SCC 39 : 1991 SCC (Cri) 946 revocation can be exercised by the three authorities namely the officer of the State Government or that of the Central Government and the State Government as well as the Central Government and such power of revocation is independent of the power of revocation conferred by Section 8(f) on the appropriate Government after the opinion is rendered by the advisory board. 2. In State of Maharashtra v. Sush ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of detention, we are of the view that it is not appropriate for this Court to grant interim bail or parole. It is open to the petitioner to approach the Government or the appropriate authority and seek parole. ORDER 1. This is a sequel to the judgment of this Court in Synthetics Chemicals Ltd. v. State of U.P.1 At SCR p. 682 it was, observed: (SCC pp. 158, 159, para 88) On an analysis of the aforesaid decisions and practice, we are clearly of the opinion that in respect of industrial alcohol the States are not authorised to impose the impost they have purported to do. In that view of the matter, the contentions of the petitioners must succeed and such impositions and imposts must go as being invalid in law so far as industrial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23, 682 2 Writ Petition Nos. 7452 of 1981 and 3571 of 1982 overruling in Synthetics Chemicals' the levy prior to that period is not, in any manner, affected. As a matter of fact, this Court in several cases has permitted the levy of vend fee prior to 25-10-1989. 4. On a consideration of the above, we are of the view that there is a conflict in regard to the power of the State as to the levy of vend fee prior to 25-10-1989. The above extract by us will clearly indicate that on and from 25-10- 1989, namely, the date of the judgment in Synthetics Chemicals' the levy of vend fee on industrial alcohol will be clearly illegal but the question is what about the period prior to 25-10-1989? In Writ Petition Nos. 7452 of 1981 and 3571 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itutional cannot be proceeded with has to be rejected. The clear directions in the aforesaid judgment paragraph 89, is that the restrain from enforcing the levy is only prospective and the declaration does not affect any realisations already made. Learned counsel for the State has pointed out that in this case an attachment had already been levied and the recovery steps had been stayed only on the application of the petitioner who was directed to furnish bank guarantee and it is not therefore a case of levy being enforced after the decision of this Court. We have been referred to the order in Civil Appeal Nos. 2191-2193 of 1989 that there is no scope for holding that the applicants have been absolved of the vend fee for the earlier period f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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