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IN THE HIGH COURT OF MADRAS
Sanjay Kishan Kaul and M. Sundar, JJ.
Sakthivel - Petitioner
Versus
The State, Rep. by Inspector of Police, Sambavar Vadakarai Police Station, Tirunelveli and ors. - Respondent
Suo Motu W.P. (MD) No. 2344 of 2017
Decided On : 13-02-2017
Code of Criminal Procedure, 1973 – Section 439 – In a bail petition filed, viz. Crl. before the Madurai Bench of the Madras High Court, the 2 learned Single Judge (Madurai Bench), while examining the plea of the accused therein, who is alleged to have been a habitual drunkard, sought to raise a larger issue of the evils of consumption of liquor and its easy accessibility – Learned Single Judge disposed of the bail application, but sought to pen down the remaining paragraphs of his order –Held, Court sensitize people about the ill effects of liquor and what methods could be utilized for the same is under consideration of this Court in W.P., where after some ground work, considerable material has been placed on record, including the Global Status Report on Alcohol and Health, 2014 of the World Health Organization, with the petitioner seeking enforcement and formulation of a scheme to give effect to the recommendations and measures as set out in the Report – State Government had filed a response thereto and this Court had sought further information –, Conspectus of the report, it was recorded that there is large scale of consumption of alcohol and there is need to check this hazard, especially in two sectors, the under-aged sector; and (ii) where essential family means are diverted to purchase alcohol – Learned Advocate General had agreed to the formation of a Committee in this behalf and we observed that the assistance from social 11 sector workers is essential for achieving overall success of the scheme – Court reproduce paragraphs 2 and 3 of the said order –Ordered Accordingly.
Mr. Sanjay Kishan Kaul, J.
In a bail petition filed under Section 439 of the Code of Criminal Procedure, viz. Crl. O.P. (MD) No.834 of 2017 before the Madurai Bench of the Madras High Court, the 2 learned Single Judge (Madurai Bench), while examining the plea of the accused therein, who is alleged to have been a habitual drunkard, sought to raise a larger issue of the evils of consumption of liquor and its easy accessibility. The learned Single Judge disposed of the bail application, but sought to pen down the remaining paragraphs of his order as under :-
"9. About 70 lakhs people of 68 million population of Tamil Nadu consume alcohol everyday. Most of the consumers are invariably labourers, farmers, lower middle and lower strata people. Most of the daily wagers are stated to be spending 50% or more of their earnings on 'Quarters (180 ml.)' of liquor, driving their families to abject poverty. Women and children need to be protected from domestic violence, sex crimes, poverty, etc. 6800 TASMAC shops cater to the needs of the consumers, earning 35% of State's income.
10. The Ruling A.I.A.D.M.K. Party made poll-promise during May, 2016 Tamil Nadu Assembly Elections to bring total prohibition in a phased manner. Accordingly, as per the policy decision taken, 500 TASMAC shops were ordered to be closed with effect from 19.6.2016, apart from reduction of two hours of business time of TASMAC shops.
11. Drinking causes many health hazards apart from causing numerous road accidents and many heinous crimes. Researchers have linked alcohol consumption to more than 60 diseases. "Alcohol does all kinds of things in the body, and we are not fully aware of all its effects. It is a pretty complicated little molecule", says James C. Garbutt, M.D., Professor of Psychiatry at the University of North Carolina at Chapel Hill School of Medicine and a Researcher at the University's Bowles Center for Alcohol Studies. Doctors say 3 that alcohol consumption causes 60 diseases and important 12 conditions are cardio vascular disease, cancer, anemia, liver cirrhosis, dementia, depression, seizures, gout, high blood pressure, infectious disease, nerve damage, pancreatitis etc. Hence, people should be discouraged to take alcohol. Many States like Bihar, Kerala, apart from dry States like Gujarat banned alcohol completely or partially. Mr. Nitish Kumar, Chief Minister of Bihar claimed huge drop in domestic violence and rape cases since alcohol ban was introduced in April, 2015 (between April, 2015 and April, 2016). Taking note of the numerous road traffic accidents taking away many precious lives, the Hon'ble Supreme Court banned liquor outlets on National Highways by order dated 15.12.2016.
12. Apart from this case, other cases, viz. Crl.O.P. (MD) Nos.873 of 2017 and 875 of 2017 which have come up before this Court for consideration would also reveal that liquor related/induced offences are increasing day-by-day in the society. Therefore, this Court suo motu impleads (i) Union of India represented by its Cabinet Secretary, New Delhi and (ii) Union of India represented by its Secretary, Ministry of Law and Justice, New Delhi as respondents 2 and 3 and Mr. G.R. Swaminathan, learned Assistant Solicitor General of India takes notice for the newly impleaded respondents 2 and 3.
13. Similarly, (i) State of Tamil Nadu represented by its Secretary, Home Department, St. George Fort, Chennai-9; (ii) State of Tamil Nadu represented by its Secretary, Revenue and Commercial Taxes Department, St. George Fort, Chennai-9; (iii) The Director General of Police, Mylapore, Chennai; and (v) The Managing Director, TASMAC, Egmore, Chennai are suo motu impleaded as respondents 4 to 7 and Mr. K. Guru, learned Additional 4 Government Pleader takes notice for the newly impleaded respondents 4 to 6 and Mr. M. Muniyasamy, learned Standing Counsel takes notice for the seventh respondent.
14. The following queries are raised by this Court to be answered by the newly impleaded responden
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