Brijesh Kumar, C. J.-The above noted bunch of petitions involve similar point, namely, the grievance is about the issue of licences for retail liquor shops, the opening of new liquor shops, as well as some shops which have already been opened the grievance has been raised in respect thereof as well.

2. We have heard Shri SC Biswas, Shri KP Pathak and Shri N. Choudhury, learned counsel appearing on behalf of the petitioners and Shri BC Das, learned counsel appearing for the State.

3. It has been vehemently urged on behalf of the petitioners that licences for liquor shops are being indiscriminately issued, much more in number as may actually be required, as a result of which it is polluting the atmosphere and is also not conducive to the public interest as it lures more and more persons including the youth to, the drinking habit, which is bad for their health and the atmosphere in the society in general. It is further submitted that while granting licences, the State Govt has kept in mind only its interest about raising its revenues, which can not be an appropriate consideration for grant of licence for vend of liquor through shops. It is submitted that other ways and means should be adopted by the State Govt to raise its revenue rather than to resort to issuance of liquor shop licences.

4. Shri SC Biswas, learned counsel for the petitioner has also drawn our attention to Article 47 of the Constitution, which falls in Part IV of the Constitution, namely, 'Directive Principles of State Policy'. According to Article 47. it is the duty of the Stale to raise the level of nutrition and the standard of lining of the people and the improvement of public health. It further provides that the State shall endeavour to bring about prohibition of the consumption except for medical purposes of intoxicating drinks and of drugs which are injurious to health. It is submitted that the State instead of taking steps to achieve the objective as envisaged under Article 47 of the Constitution, is working against it by issuing large number of licences totally unmindful of the provisions contained in the Rules regulating the issue of such licences. Public interest is not at all kept in mind.

5. We called upon the learned State counsel to indicate the State policy in the matter of issuance of such licences for liquor shop. It has been submitted that the matter is covered and regulated by the provisions of the Assam Excise Act, 1910 (herein after referred to as the Act) and the Rules made thereunder, namely, the Assam Excise Rules, 1945 (hereinafter referred to as the Rules). The authorities while issuing licences act according to the provisions of the Act and the Rules as a matter of policy. It is submitted that the State Govt has not taken any such policy to issue the licences indiscriminately to raise its revenue. It is further submitted that in case any licence has been issued by the authorities in violation of the provisions contained under the Act and the Rules, such matters can always be brought to the notice of the State Govt and considered by the appropriate authorities; but, by and large, the licences are issued in accordance with the law as provided under the aforesaid statutory provisions.

6. The learned State counsel has also submitted that in certain area and in some places the number of licences may have no doubt increased and sometimes it is in the public interest to do so. In connection with the above submission it is submitted that in case shops are sparsely located making it difficult to consumers of the liquor to get it, the chances of use of spurious liquor increase. Use of spurious liquor is to be checked in better interest of the society. It is more injurious to the health of the people. It is also submitted that instead of making it a monopoly of a small number of licensees, issuance of a few more licences would make it competitive. It is also necessary to maintain the quality and price of the item. The above two factors are also kept i

Click Here to Read the rest of this document