Daijiworld Media Network - Bengaluru (DV)
Bengaluru, Feb 21: The judges of the division bench, upholding the order of the single judge bench, dismissed the appeal filed by Chennai-based HIP Bar Private Limited, on online order of processing and delivery of Indian and foreign liquor including Beer, Wine and Low Alcoholic Beverages ("LAB"). There are no provisions under Karnataka Excise Act-1965 to grant licenses or permissions for the online sale of liquor, the court stated in its order.
A division bench of Justice Satish Chandra Sharma and Justice V Srishananda dismissed an appeal filed by 'HIP Bar Private Limited' challenging the order of the single judge bench.
There are no provisions under Karnataka Excise Act-1965 to grant licenses or permissions. Hence, withdrawing the letter of authority for granting permission for online liquor sales is not a violation of the law.
The company contended that it does not require any license or permission to conduct the business of Online Order processing and Delivery. Without issuing any show-cause notice, the letter of authority was withdrawn. Interference of government in the business is a violation of article 14 of the constitution and article 19(1)(G).
On August 1, 2017, the commissioner of Excise issued a letter of authority to carry on the business of distributor, supplier, transporter, wherein the petitioner is permitted to carry on food business relating to Ready-to-eat savories; Beverages, excluding dairy products.
As the media reported on the online sale of liquor the government had withdrawn the order. In 2019, the single bench judge upheld the decision of the excise department. Challenging this company had filed an appeal to the High court.