Delhi High Court Quashes Excise FIR Against Liquor Company Over Mistaken Omission Of One-Day Permit For Soft Launch
The Delhi High Court has quashed an FIR registered under Section 33 of the Delhi Excise Act, 2009 against a liquor and beverages company, after finding that the omission to obtain a one-day liquor permit for a soft launch party was an inadvertent mistake.
Justice Saurabh Banerjee noted that liquor was found being served without a valid licence during a raid at Soul Club, Hotel Ashoka, Chanakyapuri, on the intervening night of September 11-12, 2019. The FIR was subsequently registered under Section 33 of the Excise Act.
Petitioners explained that they had intended to apply for daily liquor permits for September 11, 13 and 14, 2019. However, due to an inadvertent error, applications were made for September 13 and twice for September 14, while no application was made for September 11.
The Court noted that Petitioners already held a valid and subsisting licence for service of liquor issued on March 25, 2019 and valid until September 30, 2019. It also noted that this was the first alleged violation of this kind.
“There is sheer mistaken and inadvertent (typographical) error on their part with no ulterior motive,” it observed.
The Court further took note of Petitioners having already paid 50% of the penalty, amounting to ₹10,62,937, pursuant to an order of the Deputy Commissioner/Licensing Authority.
As such, the Court allowed the petition and quashed FIR subject to Petitioners depositing ₹1 lakh each with the Delhi High Court Staff Welfare Fund and the Delhi High Court Bar Association Lawyers Social Security and Welfare Fund.
Appearance: Mr. Saurabh Seth, Mr. N. Dube, Mr. Debdeep Banerjee, Mr. Abhiroop Rathore and Mr. Kabir Dev, Advocates for Petitioners; Mr. Satish Kumar, APP with Mr. Gourav Singh, Adv. with SI T Sang, PS: Chanakyapuri for Respondents
Case title: Striker Beverages Pvt. Ltd. & Anr. v. State NCT of Delhi
Case no.: CRL.M.C. 4767/2022