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TMI Blog2013 (7) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... tacit consent of the petitioner and that he had knowledge of such illegal activity. The said statement has not been controverted by any material, evidence or is proved to be false otherwise - The recovery of illicit liquor from the petitioner's vehicle though he may not be present or using the vehicle at the relevant time, would amount to recovery from his possession as the vehicle continues to be in his persuasive possession – Decided against the Petitioner. - Writ Tax No. - 1389 of 2012 - - - Dated:- 25-7-2013 - Hon'ble Pankaj Mithal,J. For the Petitioner : Kripa Shanker Singh, Murlidhar Yadav, Pradeep Kumar, Praveen Kumar For the Respondent : C.S.C. ORDER Petitioner had licences of country liquor shops at Aruauwa and B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is found in the possession of the licensee against the provisions of the Act or rules; (d) ...... ...... (2) ...... (3) ......" "18. Suspension and cancellation of the licence and penalties - (1) Licensing Authority may suspend or cancel the licence - (a) ...... (b) ...... (c) if any liquor or intoxicating drug is found in the possession of the licensee against the provisions of the Act or rules; (d) ...... ...... (2) ...... (3) ...... (4) ......" In view of the aforesaid Rules, the licensing authority is competent to cancel liquor licences if liquor in contravention of the Act is found in possession of the licensee. In the instant case, 50 boxes of Punjab made whisky each containing 48 bottles of 180 ml. were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under the Rules and the Act. Even if no prosecution is launched against the licensee for violation of the provisions of the Act the proceedings for cancellation of the licence can be initiated on the grounds specified. The involvement of the petitioner in any offence or his prosecution or non-prosecution does not affect the rights of the licensing authority for cancelling the licence on being satisfied that there is breach of the provisions of the Act and that the illicit liquor has been found in possession of the licensee. In the above facts and circumstances, the only thing which is material and required to be seen in the instant case is whether the petitioner is guilty of possessing illicit liquor and the Punjab made liquor seized f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the clutches of the police or that he was not known to the petitioner. The aforesaid statement of one of the accused clearly proves the tacit consent of the petitioner and that he had knowledge of such illegal activity. The said statement has not been controverted by any material, evidence or is proved to be false otherwise. The recovery of illicit liquor from the petitioner's vehicle though he may not be present or using the vehicle at the relevant time, would amount to recovery from his possession as the vehicle continues to be in his persuasive possession. In view of the aforesaid facts and circumstances, the petitioner being the owner of the vehicle and having knowledge of the vehicle carrying contraband would be deemed to be a pers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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