Why should excise policy not be stayed: HC to state
The Punjab and Haryana high court on Tuesday asked the Punjab government why the Excise Policy 2022-23 should not be stayed.
The high court bench of justice Mahabir Singh Sindhu and justice Vikas Suri sought a response from the government as well as chief minister Bhagwant Mann by July 5, while making it clear that allotment of vends/issuance of permits pursuant to the excise policy would be subject to outcome of petitions in the high court. The new excise policy comes into force from July 1.
There are three pleas moved by M/s Akash Enterprises, M/s Vijay Sharma and Harjinder Singh, and Balwinder Singh. The one from M/s Vijay Sharma and Harjinder Singh alleges a ₹10,000-crore scam in the excise policy. Mann has been made a party in the plea, claiming that the policy was passed by the CM instead of the state cabinet, which was empowered as per the provisions.
The petitioners claim that the excise policy has imposed conditions which are unheard of. Under the Excise Act, the liquor licencee L2 always needs L1.
Now, the government has specifically said L2 is not entitled for L1, one plea says, adding that the government wants to give the whole excise revenue to the persons of “their choice”.
L1 is for wholesale and L2 for retail rights.
“The policy is made for the person who is near and dear to the head of the party in Delhi as all the meetings of L-1 is conducted in Delhi and the policy is framed in Delhi,” the plea from M/s Vijay Sharma and Harjinder Singh alleges, terming it a scam.
“They” also want to take revenue of Punjab, Haryana and Himachal Pradesh and Rajasthan and want to create a monopoly by giving L1 licence to “near and dear ones”, the plea alleges, adding it is against the Punjab Excise Act, 1914, and Punjab Liquor Rules, 1956, and the law settled by the Supreme Court.
The second plea also levels allegations of monopolisation of trade and claims that the maximum number of retail groups that could be allotted to an entity was increased to five from three.