Allahabad: The Allahabad high court has
upheld the validity of the Uttar Pradesh Excise (amendment)
Act 1998, which provides for realisation of assessed fee from
wholesale keepers of foreign liquor.
The judgement was passed by a division bench of justices
R K Agrawal and Rakesh Sharma while dismissing a writ petition
filed by M/s Trade links Ltd challenging the said provision.
The petition alleged that by means of the said Act, the
state government had made an attempt to negate Supreme Court`s
order and has raised a demand from the petitioner to pay
assessed fee, not permissible under the law.
Dismissing the petition, the court observed, "No body has
a fundamental right or any vested interest to deal in
intoxicants or liquor except the state government.
"The assessed fee which was charged in view of a
notification dated may 25, 1983 was held invalid by the apex
court on the ground of lack of statutory provisions, enabling
which defect was removed by the state legislature by the
amendment Act and that too with retrospective effect from
April 1, 1983."