The Bombay High Court on Monday issued a fresh notice to the Excise Department in Sameer Wankhede’s liquor licence FIR case. The court also directed Wankhede to produce a copy of the cancelled licence originally held in his mother’s name.
Mumbai: The Bombay High Court on Monday heard a petition filed by Indian Revenue Service (IRS) officer Sameer Wankhede, who is seeking to quash an FIR that was filed against him in connection with a cancelled liquor licence. The court also issued a fresh notice to an Inspector from the Maharashtra Excise Department in this matter.
A division bench of Justices A. S. Gadkari and R. R. Bhonsale asked Wankhede to produce a copy of the liquor licence, which was earlier cancelled.
The licence was originally issued in his mother’s name but later allegedly included Wankhede’s name when he was still a minor. The bench made it clear that they wanted to see the actual licence before moving further in the case.
The case relates to a liquor licence for a restaurant in Navi Mumbai. Initially, the licence was in the name of Wankhede’s mother.
However, authorities allege that his name was later added as a partner even though he had not yet turned 18 years old. In 2022, the licence was cancelled by the authorities, and soon after that, an FIR was registered against him.
Senior advocates Aabad Ponda and Rizwan Merchant, appearing on behalf of Wankhede, argued that the FIR is false, motivated, and has no proper legal basis.
Ponda submitted that the FIR relies on an affidavit signed by Wankhede just a few months before he turned 18. He told the court that this affidavit has now become the main reason for filing the FIR.
Ponda also argued that the case has a political angle. He claimed that the FIR was filed only because of Wankhede’s past actions as the Zonal Director of the Narcotics Control Bureau (NCB).
At that time, Wankhede had arrested the son-in-law of NCP (Ajit Pawar faction) leader and former state minister Nawab Malik.
According to Ponda,
“Malik had launched a sustained campaign against Wankhede after the arrest.”
He further reminded the judges that in 2022, Wankhede was already granted interim protection from coercive action. He also argued that the legal sections under which the FIR was registered do not apply to this case.
The bench, while going through the FIR, raised a question about the exact age of Wankhede when his name was added to the licence. The judges asked, since the case was about him being a minor, how old was he at that time.
Responding to this, Ponda told the court:
“He was above 17, just a few months short of 18. The licence was valid and in his mother’s name; their case is that she added his name when he was a minor.”
The bench then asked Ponda to provide a copy of the liquor licence to them. Ponda initially said that the police should have a copy, but the court was not satisfied with this answer.
The judges told him directly:
“You will have it. It is your licence.”
The court also noted that in the petition, Wankhede had personally named the Excise Department officer who registered the FIR. But that officer was not present and was unrepresented in court during the hearing.
The judges observed that the officer may not be holding the same post anymore. Because of this, the bench ordered that a fresh notice should be sent to the concerned Excise Inspector.
After giving these directions, the bench adjourned the case for two weeks.
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