Facts of the Case
The petitioners, including M/s Kedia Trading and several
other traders and manufacturers, challenged the constitutional validity of the
Chhattisgarh Molasses Control and Regulation Rules, 2022. The petitioners were
engaged in the business of purchasing, storing and selling molasses exclusively
for non-intoxicant purposes such as cattle feed, gudakhu, industrial use and
other commercial activities.
The State Government insisted that all traders dealing in
molasses obtain an Excise Licence under the 2022 Rules and comply with the
regulatory framework framed under the Chhattisgarh Excise Act, 1915. According
to the petitioners, molasses in its raw form is neither an intoxicant nor fit
for human consumption and therefore cannot be regulated under the Excise Act
merely because it is capable of being converted into alcohol through a separate
industrial process.
The petitions challenged the validity of the Rules on the ground that they exceeded the legislative competence of the State Government and violated the constitutional rights guaranteed under Articles 14 and 19(1)(g) of the Constitution.
Issues Involved
- Whether
the Chhattisgarh Molasses Control and Regulation Rules, 2022 are
constitutionally valid.
- Whether
raw molasses used exclusively for non-intoxicant purposes falls within the
ambit of the Chhattisgarh Excise Act, 1915.
- Whether
the State Government can compel traders dealing in non-intoxicant molasses
to obtain an Excise Licence.
- Whether
the Rules travel beyond the scope of the parent Excise Act.
- Whether regulation of non-intoxicant molasses by the Excise Department violates Articles 14 and 19(1)(g) of the Constitution.
Petitioners' Arguments
- Molasses
in its natural form is neither an intoxicant nor fit for human
consumption.
- Molasses
becomes capable of producing alcohol only after undergoing fermentation
through a separate industrial process.
- The
petitioners were dealing only in molasses meant for cattle feed, gudakhu
and other non-intoxicant uses and had no connection with manufacture or
sale of liquor.
- Entry
8 of the State List empowers the State only in relation to intoxicating
liquor and not ordinary commercial trade in raw molasses.
- Molasses
is subject to GST, demonstrating that it is treated as a taxable commodity
and not as an intoxicant.
- The
Excise Rules impose unreasonable restrictions on lawful business and
therefore violate Articles 14 and 19(1)(g) of the Constitution.
- Rules framed under the Excise Act cannot enlarge the scope of the parent legislation.
Respondents' Arguments
- Molasses
is the principal raw material for manufacturing alcohol and therefore
requires effective regulation.
- The
State Legislature has legislative competence under Entry 8 of List II to
regulate substances used in the manufacture of liquor.
- Section
8(c) of the Chhattisgarh Excise Act authorises the Government to regulate
any base capable of being utilised for manufacturing liquor.
- The
Rules were enacted to prevent misuse of molasses, illegal manufacture of
liquor and consequent loss of State revenue.
- Since
the Central Government no longer regulates molasses under the earlier
Molasses Control Order, the State is competent to frame appropriate
regulatory measures.
- The Rules are within the powers conferred by Sections 8 and 62 of the Excise Act.
Court Order / Findings
The Chhattisgarh High Court allowed all the writ petitions
and declared the Chhattisgarh Molasses Control and Regulation Rules, 2022 to be
ultra vires the Constitution.
The Court observed that:
- Molasses
is merely a by-product of the sugar industry.
- Raw
molasses is neither an intoxicant nor fit for human consumption.
- It
contains no alcohol in its natural form and becomes capable of producing
alcohol only after fermentation.
- Non-intoxicant
use of molasses for cattle feed, agriculture, industrial purposes, gudakhu
and similar activities does not fall within the regulatory scope of the
Excise Act.
- Rules
framed under delegated legislation cannot expand the scope of the parent
statute.
- The
Rules attempted to regulate commercial activities beyond the object and
purpose of the Excise Act.
- The
State cannot compel traders dealing exclusively in non-intoxicant molasses
to obtain Excise Licences merely because molasses can potentially be
converted into alcohol.
- Consequently, the Rules were held unconstitutional and all consequential reliefs were granted to the petitioners.
Important Clarification
The High Court clarified that:
- Raw
molasses by itself is not an intoxicant.
- The
Excise Act governs intoxicating liquor and intoxicating substances and
cannot automatically extend to every commodity capable of fermentation.
- Delegated
legislation cannot enlarge the scope of the parent statute.
- Regulation
of molasses used for industrial, agricultural, cattle-feed, gudakhu and
other non-intoxicant purposes falls outside the Excise regulatory
framework.
- A
rule cannot travel beyond the object and purpose of the statute under
which it is framed.
- Any Rules or delegated legislation framed under a statute cannot enlarge the scope of the parent Act or extend legislative power beyond constitutional limits.
Sections Involved
- Section
8(c), Chhattisgarh Excise Act, 1915
- Section
62, Chhattisgarh Excise Act, 1915
- Articles
14, 19(1)(g), 226, 246 & 246A of the Constitution of India
- Entries
8 & 51 of List II (State List)
- Entries
52 & 84 of List I (Union List)
- Chhattisgarh Molasses Control and Regulation Rules, 2022
Link to Download the Order
https://www.mytaxexpert.co.in/uploads/1785221240_2126compressed.pdf
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