Constitution of India

— Arts. 136 and 47 — Scope of interference under Art. 136 — Interim/Interlocutory orders — Interference when justified — Revenue recovery — Liquor manufacture — Rule framed by State providing for issue of pass for transport of rectified spirit and extra neutral alcohol, used to manufacture Indian made foreign liquor — Rule further requiring the licensee manufacturer to pay fee for issuance of pass — Licensee challenging the imposition of fee as beyond the power of the State — High Court granting interim stay of the demand of fee merely on an undertaking of the licensee to pay it in case he was found to be liable — Keeping in view that Government could not run on undertakings, such an interim order, held, called for interference — Hence, balancing the equities and protecting the interests of the State as well as the interests of the licensee in the background of the nature of the trade and the directive principles of the State policy, licensee directed to pay 50% of the fee payable and to give an undertaking to pay the balance 50% if he lost its case pending before High Court — Moreover, the State directed to refund with interest @ 9% p.a. the amount paid to it in case the licensee succeeded before High Court, (2006) 5 SCC 112-A

Prohibition

Generally

— More and more of the younger generation in the country getting addicted to liquor — Judicial notice taken of, (2006) 5 SCC 112-B

Prohibition

Bombay Prohibition Act, 1949 (25 of 1949)

— Ss. 49 and 11 — Right of the licensee vis-à-vis right of the State under — Held, monopoly of the trade is with the State whereas the licensee has only a privilege in the matter of manufacturing and vending liquor, (2006) 5 SCC 112-C