Mohammed Iqbal Vs. Respondent: The State of Madhya Pradesh and Anr.

The Petitioner has challenged the excise policy/arrangement for the year 2011-12, whereby the State Government has modified the previous years arrangement and has adopted a new eligibility criterion of taking into consideration 80% production capacity mentioned in the D/1 distillery licence or two crores proof liters, whichever is lower for considering the tender for granting licence to supply spirit from bonded warehouses to retail sale contractors. The apprehension of the Petitioner is that the impugned change in the policy shall permit the distilleries to violate pollution norms and exceed the production beyond the limit mentioned in the NOC given by the pollution authorities. The Excise Commissioner vide his letter dated 25.1.2011 has clarified that the production capacity as mentioned inD-1 licence issued by the Excise Department is and shall be subject to the production allowed by the M.P. Pollution Control Board in its NOC. Therefore, the Court considered the apprehension of the Petitioner that the new policy has given a complete go-bye to the production limit approved by the M.P. Pollution Control Board in the consent letter/NOC issued to the distillers to be misconceived and not acceptable.