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2015 (10) TMI 298 - MADRAS HIGH COURT

2015 (10) TMI 298 - MADRAS HIGH COURT - TMI - Prohibition on selling and transporting the empty beer bottles duly collected inside the State of Tamil Nadu by the petitioner and to sell and transport outside the State of Tamil Nadu - Violation of Article 19(1)(g) and Article 301 - 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 beer bottles carried in their lorries would be misused can be a basis for doing .....

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howing the registration of complaint against any person belonging to the petitioner's company showing that the empty beer bottles purchased from Tamil Nadu have been illegally misused, in the absence of such document produced before this Court, the action of the respondent cannot be espoused. Besides, a mere prevention of movement of empty beer bottles by way of an executive action without legislative authority is invalid, since such an action infringes the fundamental right of the petitioner to .....

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ion of India seeking a writ of mandamus forbearing the respondent from any way preventing the petitioner from selling and transporting the empty beer bottles duly collected inside the State of Tamil Nadu by the petitioner and to sell and 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 .....

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y, by purchasing the empty beer bottles at the rate of ₹ 2.50 per bottle, has been selling the same to distilleries inside and outside the State of Tamil Nadu, however, all of a sudden on 18.12.2014, the four lorries laded with empty beer bottles owned by the petitioner company were stopped by the second respondent, the Deputy Superintendent of Police, Prohibition Enforcement Wing, Hosur bear Hosur check post on the way to Madhya Pradesh. They have seized the empty beer bottles and also ar .....

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on business freely in this Country and Article 301 also guarantees Inter State Trade and Commerce. Since no instance of such misuse have been detected by the respondent, they cannot wrongly presume that the purchasers will misuse of the empty bottles.That apart so long as the petitioner is entitled to carry on lawfull business as guaranteed under Article 19(1)(g) r/w 301 of the Constitution of India which also guarantees Inter State Trade and commerce, the prevention of movement of empty beer b .....

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ed 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 Tamil Nadu based breweries to the State of Madhya Pradesh Breweries Companies, therefore, the Assistant Commissioner of Excise, Krishnagiri District had lodged a complaint in writing stating that the Department of Prohibition & Excise has conducted a surv .....

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ticularly to the Department of Tamil Nadu Prohibition and Excise. On this basis, the learned Special Government Pleader further contended that in the preliminary investigation conducted by Dr. T. Kannan, Inspector of Police, PEW, Krishnagiri at Indore (Madhya Pradesh) it was noticed that the beer bottles belonging to Tamil Nadu Breweries with their company Name and Trade mark embedded as For Sale in Tamil Nadu only are used for refilling purposes and again circulated in Madhya Pradesh State. Sin .....

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ying 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 the e .....

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other words, Article 19(1)(g) of the Constitution of India guarantees, to all citizens the right to practice any profession or to carry on any occupation trade or business subject to reasonable restrictions imposed by this State under Article 19(6) of the Constitution of India. Thus, when the Constitution has guaranteed every citizen right to carry on any business whether rich or poor it is only the State which can impose reasonable restrictions within the ambit of Article 19(6) of the Constitut .....

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y beer bottles at the rate of about ₹ 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. Apprehen .....

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