1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 209/2008 1. Mr. Nanda Sadashiva Naique Counto, Managing Partner of M/s. O'Coqueiro, residing at Gurudatta Apartments, M.G. Road, Panaji, Goa. 2. M/s. O'Coqueiro, a Partnership Firm registered under the Indian Partnership Act, having its place of business at Alto Porvorim, Bardez, Goa, represented by its Partner Mr. Nanda Sadashiva Naique Counto, Managing Partner of M/s. O'Coqueiro, residing at Gurudatta Apartments, M.G. Road, Panaji, Goa. 3. Mr. Sailesh Sanzgiri, Vice President O'Coqueiro, Alto Porvorim, Bardez, Goa. ......... Petitioners. Versus. 1. State of Goa, through Revenue Secretary, Secretariat, Alto Porvorim, Bardez, Goa. 2. Chief Secretary, Secretariat, Alto Porvorim, Bardez, Goa. 3. Commissioner of Excise, Office of the Excise Commissioner, Old High Court Building, Panaji, Goa. 4. The Collector and District Magistrate and District Election Officer, North Goa Office of the Collector and District Election Officer, 2 North Goa District, Election Branch, Collectorate Building, Panaji, Goa. ........... Respondents. Mr. J. E. Coelho Pereira, Senior Advocate with Mr. S. Karpe, Advocate for Petitioners. Mr. S. R. Rivonkar, Government Advocate for the respondents. CORAM : S.A. BOBDE & N.A. BRITTO, JJ. DATE : 23rd April, 2008 ORAL JUDGMENT : (Per S.A. BOBDE, J.) Rule, returnable forthwith. Heard by consent. 2. In view of the fact that the Chief Secretary has found a justifiable explanation for the liquor being on the table after 10.00 p.m. in the following words “In fact some patrons have the habit of nursing their drinks and it is well within the realm of probability that the liquor was ordered before 10.00 p.m. but was still lying on the table of the customers as alleged by the respondents.”, we find no reason why the petitioners ought to have been punished although by a reduced fine. 3. In this view of the matter, the impugned order is, hereby, set aside. 3 Rule is made absolute. S.A. BOBDE, J. N.A. BRITTO, J. ssm.