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TMI Blog2002 (4) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... reign liquor off-shop licences at the new sites selected by the State Government along with other eligible candidates. The respondents are holders of licence under the West Bengal Excise Act for sale of 50 U.P. Rum and Beer issued to them by the State Government with a view to rehabilitate these persons whose business in ganja, opium and bhang came to be prohibited under the Narcotic Drugs and Psychotropic Substance Act, 1985. The State of West Bengal notified the West Bengal Excise (Selection of Persons for Grant of License at New Sites for Retail Sale of Spirit and certain other Intoxicants other than foreign liquor on categories of licences and licence for Denatured Spirit) Order, 2000 w.e.f. 4th of February, 2000. As per this order th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restrictions imposed by the Government Order of 2000 of not granting more than one excise licence would not operate as a bar against the holder of an existing excise licence from seeking the grant of another licence. It is against this order of the High Court, the above civil appeal is preferred. Shri Mukul Rohatgi, learned Addl. Solicitor General appearing for the State of West Bengal contended that it is the policy of the State Government to restrict the concentration of excise licences in the hands of the persons who already hold another excise licence. This policy of the State Government being in consonance with the public policy and there being no fundamental right on a citizen to deal in liquor, the respondents herein could not have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into force and the same could not be construed as having an overriding effect for all times to come. He also pointed out that under Rule 13 of the 1993 Rules, it was still open to the State Government to issue a notification to modify the conditions prescribed for grant of licence or impose restrictions as to eligibility in addition to what was specified under Rules 10 to 13 of 1993 Rules. Even otherwise, he contended that there was no conflict between the imposition of restriction under the Order of 2000 and the provision of Rules 10 to 13 of 1993 Rules. Shri Gopal Subramanayam, learned senior counsel appearing for the respondents, in our opinion, very fairly conceded that he does not support the view of the High Court that the non obsta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an executive order simpliciter. In our opinion, the words used in the title of an enactment cannot be a conclusive fact to ascertain the legislative nature of such enactment. It is undisputed before us that under Sections 85 and 86 the Government had the power to make a legislation of the nature, we now see in the Order of 2000. The said order specifically derives the power of the State Government under Sections 85 and 86 of the Excise Act. It is not the case of the respondents that procedures required for the purpose of enacting this order have not been followed by the State Government. The contents of the order are within the delegated power of the Government, the order has been notified in the official gazette as required under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents or other applicants, it only prescribes the eligibility for applying for the licences. Therefore, a question of taking away the vested right by a subsequent enactment in the form of the Order of 2000 does not arise at all. Apart from the above, we are also of the view that putting a restriction on a number of licences that could be held by a person to deal in a trade involving intoxicants is in conformity with the public policy as also the constitutional objectives. For the above reasons, we are of the opinion, that the High Court fell in error in allowing the writ petition of the respondents. However, we must note that the respondents herein having lost their trade because of an enactment which prohibited the dealings in ganja op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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