In Brief
Two civil appeals arose from High Court orders on writ petitions filed by liquor retailers against State Excise Department actions following FIRs for unlawful home delivery. The High Court quashed sealing and anticipatory orders but made adverse remarks against the Commissioner State Excise and issued directions anticipating future orders. The Supreme Court held: (1) the High Court rightly declined to transfer appeals but erred in making disparaging remarks unsupported by substantial material on bias; (2) appellate decisions must be tested on legal grounds only; (3) courts cannot issue directions in anticipation of orders not yet passed; and (4) the appeals should be decided on merits without influence from any court's remarks. The appellants' appeals were dismissed, the Commissioner's appeal was allowed, and the High Court's adverse remarks and anticipatory directions were expunged.
The lawyer headnote and full judgment text are available to registered users.