'Mother Asked Me To Sign Documents': Sameer Wankhede Challenges Cancellation Of Bar Licence And FIR In Bombay High Court

The petitions allege action "pursuant to directions and political pressure stemming from personal vendetta of State Cabinet Minister and NCP leader Nawab Malik, against Wankhede.

Earlier this month., Thane collector Rajesh Narvekar issued an order permanently cancelling the FL III Licence (bar licence) of his Hotel Sadguru stating that he was a minor or below 18 years of age, when he procured the licence. Wankhede appealed to the Commissioner of State Excise who apparently orally refused to stay the order.

Meanwhile the Kopari police station in Thane booked Wankhede for giving false information on oath, cheating and forgery among other sections of the Indian Penal Code based on an excise department official's complaint.

Wankhede has now filed a quashing petition for the FIR which is listed before the bench led by Justice SS Shinde tomorrow. The writ petition challenging the Commissioner of State Excise's oral order is listed before the bench led by Justice GS Patel.

In the quashing petition filed through Advocate Faiz Merchant, Wankhede states that he was apparently a minor of age 17 at the time of the alleged offence by his mother. Wankhede's mother passed away in 2015. 

"The Petitioner most vehemently submits that, admittedly, as per the contents of the FIR, the accused was 17 years of age when the alleged crime had taken place vide the mother of the Petitioner. That, by virtue of the Petitioner being merely 17 years of age, he was not a major during the commission of the alleged crime. That, the law of the land does not acknowledge that a minor had the capacity in order to orchestrate the entire crime at hand. In fact, the Petitioner was merely in college when the alleged offence is said to have taken place. That, the Petitioner was merely signing documents where he was asked by his mother to sign."

Now invoking the Juvenile Justice Act, Wankhede states that an offence, if any, should be heard by the Juvenile Justice Board.

It also contends that there is a State amendment by which a sanction must be obtained before even ordering an investigation against a public officer in an application under section 156(3) of the Cr.P.C. and since he is an IRS officer, the sanction ought to have been obtained from the Centre.

In his civil writ petition filed through Advocate Vishal Thadani Wankhede states, that he cannot be blamed for not disclosing his age since the Rules do not prescribe the age for applying for the FL III licence and the application form does not provide for disclosure of the age of the Applicant.

Moreover, Collector's action of cancellation of License in 2022 after 24 years, on the ground that it has been obtained through misrepresentation in 1997 is hopelessly barred by limitation.

The plea further states that the Collector does not have powers of review under the Maharashtra Prohibition Act, 1949 and therefore could not have reviewed his own Order granting the Licence.

According to Wankhede's plea, the FL III licence is an annual contract between the individual and the State. Hence, the licence granted in 1997 came to an end in 1998. Moreover, since Wankhede turned 18 merely 45 days after obtaining the licence, it has been renewed for 23 years every year.

"A contract with a minor is not void but is voidable at the instance of the minor, after he attains the age of majority but after completion of 18 years, the Petitioner has renewed the licence every year for the past 23 years," the petition notes. 

Lastly, Wankhede contends that the Collector has referred to a Government Circular from 1989 by which the State Government has clarified that no licence should be granted to a person below the age of 21 years. However, this Circular has not been notified in the official Gazette as prescribed by Sub-Clause (2) of Section 139 and hence, it cannot operate as a law.