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Beyond the Shutter: High Court Cracks Down on Illegal Liquor Sales in Jodhpur
In a significant judicial intervention, the has taken cognizance of systemic violations of liquor vending regulations. A division bench comprising Hon’ble Dr. Justice Pushpendra Singh Bhati and Hon’ble Dr. Justice Nupur Bhati has sounded a clarion call against the "erosion of regulatory discipline," emphasizing that the state’s failure to enforce closing hours threatens the constitutional right to a safe and dignified life.
The Midnight Trade Exposed The court’s action follows a scathing investigative report published by , which detailed how liquor vends in Jodhpur were operating well past the mandated 8:00 PM closing time. Through a "sting" operation, the report revealed the existence of "emergency windows" (Chhoti Khidki)—concealed mechanisms designed to circumvent state laws and continue sales under the cover of darkness.
The investigation, supported by photographs and time-stamped evidence, pointed to at least three locations—Jaljog Chauraha, Milkman Colony, and areas near Ashok Udhyan—where business continued brazenly despite shuttered fronts.
Legal Framework and Constitutional Duty The bench underscored that the liquor trade is not a but a state-granted privilege subject to strict oversight. Citing , the Court held that the state acts as a (parent of the nation), obligated to protect public health and order.
"The trade in liquor is not an ordinary trade or business,"
the Court remarked.
"It is a privilege granted by the State subject to stringent regulatory control, having regard to its well-recognised potential to affect public health, public order, road safety and societal well-being."
A Multi-Pronged Judicial Response The Court has issued strict to the state authorities, rejecting any excuse for "." The measures include: * Special Enforcement Teams: Immediate constitution of teams to conduct random, geo-tagged, and videographed inspections between 8:00 PM and midnight. * Technological Oversight: A directive to explore the installation of high-resolution, night-vision CCTV cameras with live feeds to Police and Excise control rooms, as well as e-POS and digital billing integration to ensure compliance. * Public Safety Audit: A mandatory assessment of vends located near sensitive areas, such as schools, hospitals, and places of worship, to determine whether they pose a continued threat to community tranquility.
Drawing on the example of Tamil Nadu's recent crackdowns on liquor outlets near schools, the emphasized that the systemic failure to close shops on time is not merely a service breach but an infringement of the citizen’s right to reside in a non-hazardous environment.
Key Observations The judgment offers a firm rebuke to the current state of enforcement in Jodhpur:
"The obligates the Courts to intervene when or complicity threatens fundamental rights and the ."
"This Court is conscious that the trade in liquor, is not an ordinary trade or business. It is a privilege granted by the State subject to stringent regulatory control."
"When statutory safeguards and licensing conditions framed in public interest are openly and systematically disregarded, it not only undermines the but also renders the constitutional objectives under Articles 21 and 47 illusory."
Toward Accountability By appointing and as , the Court has ensured that the oversight process will remain robust. The state has been ordered to file detailed status reports on the action taken against erring licensees and the steps taken to dismantle clandestine sale mechanisms. The matter is set for further review on , marking a pivotal moment in the state’s effort to restore faith in its regulatory and law enforcement machinery.
