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2018 Supreme(UK) 227
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Rajiv Sharma, Lok Pal Singh, JJ.
Manoj Singh Pawar - Petitioner
Versus
State of Uttarakhand & others - Respondents
Writ Petition (PIL) No.156 of 2016
Decided On : 18-06-2018
Advocate Appeared:
For the Petitioner: Mr. Rahul Consul
For the State : Mr. M.C. Pandey, Mr. S.S. Chauhan
The central legal point established in the judgment is the need to enforce regulations governing the location of liquor vends, the State's obligation to curb liquor consumption under Article 47 of the Constitution of India, and the imperative to combat drug abuse and money laundering.
Headnote:
Liquor Vend - Regulation of Liquor Vends - Uttar Pradesh Number and Location of Excise Shops Rules, 1968 - Summary of Acts and Sections: Rule 5(4), Article 47 of the Constitution of India, Prevention of Money Laundering Act, 2002, Narcotic Drugs and Psychotropic Substances Act, 1985 - The judgment discusses the regulation of liquor vends under the Uttar Pradesh Number and Location of Excise Shops Rules, 1968, and the State Government's instructions to curb the consumption of liquor. It also addresses the State's obligation under Article 47 of the Constitution of India to strive for prohibition of liquor consumption. Additionally, the judgment delves into the provisions of the Prevention of Money Laundering Act, 2002 and the Narcotic Drugs and Psychotropic Substances Act, 1985, emphasizing the need to combat drug abuse and money laundering.
Fact of the Case:
The petition highlights the opening of a liquor vend in close proximity to educational institutions and public places, in contravention of the Uttar Pradesh Number and Location of Excise Shops Rules, 1968. The court expanded the scope of the petition to address the larger public interest of curbing the consumption of liquor and drugs throughout the State.
Finding of the Court:
The court found that the establishment of the liquor vend in close proximity to educational institutions and public places violated the regulations. It also emphasized the need to combat drug abuse and money laundering, directing various remedial measures to address the issue.
Issues: The issues revolved around the location of the liquor vend in contravention of the regulations, the State's obligation to curb liquor consumption, and the need to address drug abuse and money laundering.
Ratio Decidendi: The court's decision was based on the violation of regulations governing the location of liquor vends, the State's obligation under Article 47 of the Constitution of India, and the imperative to combat drug abuse and money laundering.
Final Decision: The court issued mandatory directions to address the issue, including the appointment of more Drugs Inspectors, setting up special check posts, establishing rehabilitation centers, and launching awareness drives to combat drug abuse. It also directed the State Government to ensure compliance with the regulations governing the location of liquor vends.
Rajiv Sharma, J.
The present petition has been filed highlighting the opening of liquor vend right in the heart of Almora town in the close proximity of District Hospital, opposite the Government Museum and Govt. Girls Inter College and bus stand.
2. The establishment of liquor vends is regulated and controlled under the Uttar Pradesh Number and Location of Excise Shops Rules, 1968. Sub-rule 4 of Rule 5 reads as under:-
"4(a) No shop or sub-shop shall be licensed within a distance of 50(fifty) meteres in case of Municipal Corporations; within a distance of 75 (seventy-five) meteres in case of Municipal Councils and Nagar Panchayat; and within a distance of 100 (one hundred) meteres in other areas from any place of public worship or school or hospitals or residential colony:
Provided that if any place of public worship, school, hospital, residential colony comes into existence subsequent to the establishment of shop or sub-shop, the provisions of this rule shall not apply:
Provided further that the distance restriction shall not apply in areas designated as "commercial" or "industrial" by the development authority/industrial development authority or other competent authority.
Explanation.- For the purpose of this rule:-
(i) "Place of Public Worship" means a temple, math, mosque, gurudwara, church, which is, as the case may be, established or managed or owned by a Public Trust registered under the/Charitable and Religious Trust Act, 1920 or under the Charitable Endowments Act, 1890 or by a society registered under Societies Registration Act, 1860 or Wakf Board; or a gurudwara registered with competent authority and such other places of public worship as the State Government may , by notification specify in this behalf from time to time.
(ii) "School" means a pre-primary school, primary school, middle school, high school, inter college-owned or managed or recognised by any local authority or the State or Central Government or any college affiliated to or established or managed by any University established by law.
(iii) "Hospital" means any hospital which is managed or owned by a local authority or the State or Central Government and includes any private hospital having a provision of at least 50 beds and is registered with urban or rural local body.
(iv) "Residential Colony" means a colony developed and constructed on legally held land of which maps have been duly approved by the competent authority recognised by law.
(b) The distance referred in clause (a) shall be measured from the mid-point of the entrance of the shop or sub-shop along the nearest path by which pedestrian ordinarily reaches to the mid- point of the nearest gate of the place of public worship or a school or a hospital or a residential colony, if there is a compound wall and if there is no compound wall to the mid-point of the nearest entrance of the place of public worship or a school or a hospital or a residential colony.”
3. The State Government in its own wisdom has also issued instructions in the matter on 16.06.2008 whereby it is made mandatory while auctioning the shops and granting the license that the liquor vends shall be at least 100 meters away from the educational institutions as well as institutions defined under the Rules i.e. confluence, factories, residential areas, market etc.
4. According to the averments made in the petition, the distance of the concerned liquor vend which is the subject matter of the present petition is right in the middle of the town which is less than 100 meters from Govt. Girls Inter College, Civil Hospital and Temples.
5. This should not have been permitted to be done by the State government. The availability of narcotics including liquor, wine should not be readily available. These liquor vends should be far away from the educational institutions, busy hubs, commercial centers, hospitals, factories, temples etc.
6. Learned counsel for the State has vehemently argued that the distance of liquor vend is more than 100 meters.
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