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2015 (10) TMI 1729 - MADRAS HIGH COURT

2015 (10) TMI 1729 - 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 of the Constitution of India - Held that:- 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 reasona .....

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10) TMI 298 - MADRAS HIGH COURT] followed - Decided in favour of petitioner. - W. P. No. 17019 of 2015, M. P. No. 1 of 2015 - Dated:- 25-8-2015 - R. Mahadevan, J. For the Petitioner : Mr K C S K Balaji For the Respondent : Mr M S Ramesh, AGP ORDER This writ petition has been filed by M/s. Dhanalakshmi Bottles Supplies, represented by its Proprietrix Mrs.Vilvathri Sampath under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondent from any way preventing th .....

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ying directly about 25 persons and indirectly about 75 persons and its turnover is about ₹ 40 lakhs per annum. That apart, the petitioner company is also paying huge sales tax to the State. 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 one lorry loaded with empty beer bottles owned by the petitioner company .....

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ension of the second respondent that the petitioner company would sell the empty beer bottles only to unauthorized distilleries at Madhya Pradesh is wholly untenable and unconstitutional since Article 19(1)(g) of the Constitution of India guarantees right to carry 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 th .....

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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.M.S.Ramesh, learned Additional Government Pleader appearing for the respondents would contend that on interrogation with the driver of the petitioner lorry, no reasonable explanation was received for the transportation of the said empty beer bottles of Tamil .....

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ill 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 with an intention to gain wrongfully and also to cause wrongfull loss to the State of Tamil Nadu particularly to the Department of Tamil Nadu Prohibition and Excise. On this basis, the learned additional Government Pleader further contended that in the preliminary investigation conducted by Dr.T.Kannan, Inspector of Police, PEW, Krishnagir .....

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ir company name and trade mark imprinted as For sale in Tamil Nadu only" are invariably used for refilling purposes and also circulation purposes in Madhyapradesh State, the respondent has taken adequate steps to prevent the movement of empty beer bottles. 4. Replying to the above objection, the learned 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 bo .....

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tate 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 occupation trade or business subject to reasonable restrictions imposed by this State und .....

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has allowed the said writ petition and the relevant portions of the order are extracted below:- "5. This Court fully agrees with the said submission made by the learned counsel appearing for the petitioner. The petitioner being a registered dealer both under the Tamil Nadu GST and Central Sale Tax Act has been carrying on the business on large scale with the turnover about ₹ 25 Crores per annum. The Petitioner company, after purchasing the empty beer bottles at the rate of about ͅ .....

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d 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 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 onl .....

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