- (1.) AFTER hearing the parties at length, I had passed the following operative order on 1/02/1990 :- "heard Mr. V. R. Manohar with Mr. Rahimatoola and Mr. S. V. Manohar for the Petitioners and Mr. Gangakhedkar, A. P. P. for the State-Respondent. For reasons stated in the accompanying judgment, the Rule is made absolute to the extent that the order of issue of process and taking cognizance of the offence is quashed and set aside as also the order of condonation of delay. Writ be issued accordingly. This order shall govern the connected Criminal Applications. " I now proceed to give the reasons for the aforesaid order. The judgment in present Criminal Application No. 531 of 1987 will also govern Criminal Applications Nos. 623 624, 625, 626, 812 and 1868 all of 1987 as the facts are identical and they arise out of the same proceedings.
(2.) THIS Application u/s. 482 of the Criminal Procedure Code is directed against the order of the Chief Judicial Magistrate, Satara, dated 21/11/1986, for quashing the order passed by the trial Court taking cognizance of the offence directing issue of process to the accused and condoning the delay in filing the prosecution. It is necessary to state few facts in order to appreciate the rival contentions and the questions of law stated hereinafter that arise upon the controversy.
(3.) M/s. Doburg Lager Breweries Private Limited is a Company incorporated under the Companies Act and it carries on business of brewing, bottling and selling Bear. For this purpose, the Company has set up a brewery at Satara in the State of Maharashtra and it was granted a licence in the year 1972 for the manufacture of Bear under the Maharashtra Manufacture of Bear and Wine Rules, 1966, framed under the Bombay Prohibition Act, 1949. The licence was initially for a period of five years and was thereafter renewed from time to time every five years and was valid lastly up to 31/03/1987.;