Spicy Beverage Private Limited Vs State of Bihar (Patna High Court)
Patna High Court allowed the writ and held that liquor manufacturer is permitted to payment for unsold stock which is destroyed on implementation of Bihar Government Prohibition policy effected in 2016. Accordingly, writ petition is allowed.
Facts- The petitioner is a Public Limited Company engaged in manufacturing and supply of country liquor in Polyethylene Terephthalate (PET) bottles. The Government of Bihar came with a policy decision whereunder tenders were invited from the eligible person/partnership firms/companies in terms of tender notice dated 31.01.2014 published in the Bihar Gazette. The petitioner was allotted Zone No. 9 (Vaishali Zone). The petitioner was granted exclusive privilege and consequential licence for supply to the Bihar State Beverage Corporation Limited, a Government of Bihar Undertaking.
The petitioner claimed that on award of contract for a period of five years ending on 31.03.2019, the petitioner made huge investment running into around Rs. Ten Crores in the establishment and manufacturing plant but immediately thereafter, the State Government notified its new Excise Policy on 21stDecember, 2015 providing inter alia that from 01 April, 2016, there will be a complete prohibition in manufactures and sale of country liquor in the State of Bihar. A gazette notification dated 04.02.2016 was issued whereunder it was provided that the remaining stocks of country liquor available at the manufacturer’s premises, corporation godown and retail shops shall be destroyed after the sale hour of 31.03.2016.
