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2017 Supreme(Ker) 18

ANOOP. M. S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.S.VINOD BHAT, SRI.LEGITH T.KOTTAKKAL
For the Respondent: SRI. BIJOY CHANDRAN, GOVERNMENT PLEADER, SRI.NAVEEN.T, SRI.M.SASINDRAN, SC, CONSUMERFED

JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

To drink or not to drink. That is the Hamletian dilemma of Anoop, the appellant. He has chosen to drink. He rails at the rules that obstruct his passion for the pint, his right to choose, to be let alone, to privacy, and, of all, his right to life. He claims that the laws prohibiting alcoholic drinks fall foul of the fundamental rights guaranteed to a citizen, to him. Do they? Our answer:

No. Facts:

2. Anoop M.S., the appellant, has a profession: he taps rubber trees and extracts latex. He taps about 400 trees a day. For this he works from 6 in the morning till 2 in the afternoon. Anoop has a habit: given what he calls it to be his "hectic work schedule", he finds his solace in "consuming small quantities" of liquor purchased from the retail outlets of Kerala State Beverages Corporation (KSBC) and Kerala State Co-operative Federation; that is, the second and third respondents. Liquor is his "daily diet." This daily diet makes Anoop "rejuvenated, relaxed," and even "physically fit," as if it were the elixir of his life. Anoop is KSBC's loyal consumer, so to say. Grievance:

3. Before 2014-15, when the Government introduced a new Abkari Polic




























































































































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