TMI Blog2015 (10) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... eliminary investigation has been conducted by Dr. T. Kannan, Inspector of Police, PEW, Krishnagiri at Indore (Madhya Pradesh), he had not supported the inference that the empty beer bottles belonging to Tamil Nadu Breweries are being misused in Madhya Pradesh State. When the respondents have not produced any document showing 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, sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank, has been carrying on the business in the manner known to law. Being so, the petitioner company, 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 arrested the drivers and cleaners and they have been released on bail and the petitioner had also applied for anticipatory bail and he was also released ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 survey with regard to the sudden decline of beer of sales in Tamil Nadu for the past 5 months and it was further ascertained that the breweries of other States have conspired with the bottle suppliers of Tamil Nadu for purchasing empty bottles which will carry the imprint For Sale only in Tamil Nadu and other bottles bearing the name and symbol of companies operating in inside the State of Tamil Nadu w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e they have stated against the petitioner about any specific complaint relating to the misuse of the empty beer bottles proposed to be sold outside the State of Tamil Nadu. Only on presumption and untenable assumption, they have no right whatsoever to interfere with the petitioner's right to carry on business either inside the State or outside the State as they have every right to carry on business under Article 19(1)(g) of the Constitution of India and also under Article 301 of the Constitution of India which guarantees Inter State Trade and Commerce to take place without any hindrance. In 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 occup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner'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 so? In the counter affidavit filed by the respondent nowhere the respondent has thrown any light against any such misuse committed by the petitioners. Even as per the counter affidavit, it could be seen that only preliminary investigation has been conducted by Dr. T. Kannan, Inspector of Police, PEW, Krishnagiri at Indore (Madhya Pradesh), he had not supported the inference that the empty beer bottles belonging to Tamil Nadu Breweries are being misused in Madhya Pradesh State. When the respondents have not produced any document showing the registration of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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