SRI MRIDULANANDA BANERJEE Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2017-1-137
HIGH COURT OF CALCUTTA
Decided on January 30,2017

Sri Mridulananda Banerjee Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

I.P.MUKERJI, J. - (1.) The West Bengal Excise (Selection of New Sites...Intoxicants) Rules, 2003 were made on 29th July, 2003 and published on 30th July, 2003 Clause (c) of rule 4 provides that a licence may be granted for retail sale of bhang "for consumption off the site".
(2.) Rule 13(3) of the said Rules was in the following terms prior to its amendment:- "13(3) Notwithstanding anything contained in any special order under sub-rule (1) of rule 13 and subject to the provisions of sub-rule (6) of rule 9, the Collector shall, on an application made by the opium depot managers/erstwhile opium depot managers or erstwhile ganja licensees, grant license of the category mentioned in clause (c) of rule 4."
(3.) By the notification dated 30th October, 2013 the rule was amended so as to substitute Clause (c) by the words Clause (b). Clause (b) is in the following terms:- "4(b) foreign liquor for consumption "off" the site from the opium depots/erstwhile opium depots/erstwhile ganja shop;";


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