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| HC disposes off PIL on liquor with directions | | PIL seeking liquor ban in J&K | | Early Times Report
Jammu, Oct 29: A High Court division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today disposed of a PIL seeking ban on sale and consumption of liquor in the state with the observation that it is relevant to state at this juncture that by merely bearing the labels printed on the liquor bottles that “Consumption of liquor is injurious to health”, the evil of liquor cannot be stopped. Hence the excise department shall take necessary steps to educate the residents of the state regarding the evils of drinking liquor which will promote the policy behind Article 47 of the Constitution of India.
The bench observed that the stand taken by the state government in the reply affidavit read with Section 50 B of the J&K Excise Act, 1958 and directed to be strictly enforced by the official respondents and if there is any slackness on the part of the state authorities or the retail vendors, liberty is granted to the petitioner or any person who is effected or interested in the implementation of the restrictions to approach this court for appropriate directions by pointing out specific instance or instances of violation of the regulations and in such event this court will consider the grievance in accordance with law.
The bench observed that the excise commissioner filed reply stating that the trade of liquor is regulated in the state under the J&K Excise Act, 1958 and the framed rules.
It is further stated in the reply that when steps are taken to stop drinking liquor by the citizens, it has encouraged bootlegging and spurious liquor has flourished apart from smuggling of liquor from other states and several deaths of poor consumers were reported. It will also lead to loss of revenue to the tune of Rs 500 cr to the government per annum from the excise revenue and about Rs 300 cr towards Sales Tax to the State exchequer and the Tourism will also be effected as the state government is dependent upon the income from Tourism. There will be loss of employment to at least 6000 persons who are involved in the trade at different levels i.e. Licensees, Salesmen, Barmen, Managers, Workforce in Bottling Plants/Distilleries/Wholesale traders and loss of transport as nearly 15000 vehicles perform freight work in the trade.
The bench observed that in the reply affidavit filed by the state it is mentioned that in J&K, around 40 liquor shops are located on the national highways and notices have been issued to such licensees on September 21 and September 30 this year to shift their retail outlets to some other places within a period of three months in accordance with the norms/procedure in vogue failing which their licensed premises shall be closed without any further notice.
The list of the retail outlets numbering 40 is also annexed along with the reply affidavit. The said notice is issued based on the report of the committee constituted by the Supreme Court regarding Road Safety dated February 13, 2015, stating that measures to be taken to promote road safety, including, “Ban sale of alcohol on State and National Highways”. On June 16, 2015, the state chief secretary convened a meeting of various officers to discuss the implementation of the directions/suggestions of the Committee on Road Safety constituted by Supreme Court and based on the decisions taken and approval sought from the Finance Department, which was granted on 11.09.2015, notices were issued to the retail vendors whose shops are located on State/National Highways. The said action initiated by the State after filing of this writ petition, against the licensees of liquor shops which are located on the State/National Highways, shall be strictly implemented and if any liquor shop is allowed to operate on the State/National Highways beyond the time granted i.e. after December 2015, either the writ petitioner or any person interested in closing the said liquor shops can approach this court for immediate closure of the said shops, the bench said.(JNF) |
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