9911796707
TMI Blog2015 (10) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... transport outside the State of Tamil Nadu as the action of the respondents are unconstitutional and violative of Article 19(1)(g) and Article 301 of the Constitution of India. 2. Mr. B. Kumar, learned Senior counsel appearing for the petitioner would submit that the petitioner company is registered under Tamil Nadu GST as well as Central Sale Tax Act and they are employing directly about 250 persons and indirectly about 400 persons and its turnover is about Rs. 25 crores per annum. That apart, the petitioner company is also paying huge sales tax to the State. Besides, the petitioner company, by availing a loan of Rs. 15 Crores from Kotak Mahindra Bank, has been carrying on the business in the manner known to law. Being so, the petitioner c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bottles by way of an executive action without legislative authority is invalid. On this basis, learned Senior Counsel appearing for the petitioner prayed for allowing this writ petition by issuing a specific direction for bearing the respondent from preventing the petitioner company from selling and transporting the empty beer bottles duly collected inside the State of Tamil Nadu. 3. Counter affidavit has been filed by the respondent. Taking the stand in the counter affidavit, Mr. A. Kumar, learned Special Government Pleader appearing for the respondent would contend that on interrogation with the drivers of the petitioner's lorries, no reasonable explanation was received for the transportation of the said empty beer bottles of T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... name and trade mark imprinted as For sale in Tamil Nadu only are invariably used for refilling purposes and also circulation purposes in Madhya pradesh State, the respondent has taken adequate steps to prevent the movement of empty beer bottles. 4. Replying to the above objection, the learned Senior Counsel appearing for the petitioner would submit that the imprinted words viz., For Sale only in Tamil Nadu shown in the beer bottles are applicable only to the stuff filled in the bottles, but the same cannot be made applicable to the empty beer bottles. He further submitted that although the second respondent has filed a detailed counter, nowhere they have stated against the petitioner about any specific complaint relating to the misuse of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pty beer bottles at the rate of about Rs. 2.50 per bottle, has been selling the same to distilleries both inside and outside the State of Tamil Nadu. While doing so, all of a sudden on 18.12.2014, while four of his lorries carrying empty beer bottles passed through Hosur Check post on the way to Madhya Pradesh Via., Karnataka, the second respondent stopping all the four vehicles seized the empty beer bottles and arrested the drivers and cleaners who were subsequently released on bail. Apprehending problem, the petitioner also obtained anticipatory bail. 6. Now the only issue needs consideration is whether the stoppage of the petitioner's lorry carrying empty beer bottles at Hosur Check post on 18.12.2014 on the premise that the empty b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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