Karnataka Excise Act, which is reinforced vide Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules,=there is no express provision either in the Act or in the Rules concerned, permitting or authorizing transport of liquor/intoxicants from retail shop to consumer(s), outside the shop to be undertaken by third party (other than licensed vendor).

1

ITEM NO.13 Court 4 (Video Conferencing) SECTION IV-A

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 4719/2021

(Arising out of impugned final judgment and order dated 18-02-2021

in WA No. 3834/2019 passed by the High Court Of Karnataka At

Bengaluru)

HIP BAR PRIVATE LIMITED Petitioner(s)

 VERSUS

THE STATE OF KARNATAKA Respondent(s)

(FOR ADMISSION and I.R. )

Date : 04-08-2021 This petition was called on for hearing today.

CORAM :

 HON'BLE MR. JUSTICE A.M. KHANWILKAR

 HON'BLE MR. JUSTICE SANJIV KHANNA

For Petitioner(s) Mr. P.S. Narsimha, Sr. Adv.

Mr. Praveen Swarup, AOR

For Respondent(s) Mr. Shubhranshu Padhi, AOR

Mr. Ashish Yadav, Adv.

Mr. Rakshit Jain, Adv.

Mr. Vishal Banshal, Adv.

 UPON hearing the counsel the Court made the following

 O R D E R

Heard learned counsel for the parties.

We decline to interfere in this Special Leave

Petition.

Besides upholding the reasons recorded by the High

Court, we are in agreement with the submission made by

Mr. Shubhranshu Padhi, learned counsel appearing for the

2

State of Karnataka that the permit or license is issued

for specific activities and occasions in terms of the

provisions of the Karnataka Excise Act, which is

reinforced vide Karnataka Excise (Possession, Transport,

Import and Export of Intoxicants) Rules, 1967, to wit,

Rule 3 to Rule 6 thereof.

In other words, there is no express provision either

in the Act or in the Rules concerned, permitting or

authorizing transport of liquor/intoxicants from retail

shop to consumer(s), outside the shop to be undertaken by

third party (other than licensed vendor).

Accordingly, this Special Leave Petition fails and

the same is rejected.

Needless to observe that the dismissal of this

special leave petition will not come in the way of the

petitioner and similarly placed persons to make

representation to the State Government to explore

possibility of effecting necessary amendments to the

existing Rules, if so advised.

Pending application (s), if any, stand disposed of.

(DEEPAK SINGH) (VIDYA NEGI)

COURT MASTER (SH) COURT MASTER (NSH)