Excelsior Correspondent
Srinagar, Oct 29: The Division Bench of High Court today directed the authorities to strictly enforce the law under which liquor shops on National Highway and near schools are banned. The State Government has issued notices to around 40 liquor shops for shifting away from National Highway in three months.
The Court while closing the PIL filed by Karwani Islami seeking ban on sale and consumption of liquor in the State and observed if there is any slackness on part of the authorities then petitioner is at liberty to approach the Court.
“Section 50 B of the J&K Excise Act, is directed to be strictly enforced by the official respondents and if there is any slackness on the part of the authorities of the State, liberty is granted to petitioner or any person who is effected or interested in the implementation of the regulations fo approaching the court”, directed the bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi.
The State Government in its affidavit filed before the Court has said that around 40 liquor shops are located on the National Highways and notices have been issued to such licensees on 21.09.2015 and 30.09.2015 to shift their retail outlets to some other places within a period of three months in accordance with the norms/procedure in vogue failing which their licensed premises shall be closed without any further notice.
The Public Interest Litigation was filed by Karwani Islami and Islamic Organization contending that the State of Jammu and Kashmir has failed to take necessary steps for prohibition of sale and consumption of liquor due to which the health of the residents of the State is effected and various social evils are taking place and many human beings have lost their lives due to drunken driving and sexual offences are on the rise.
It is further contended that due to the availability of liquor and consumption of the same the health of the residents is very much effected which the State is bound to protect under Article 21 of the Constitution of India. It is also the contention of the petitioner that Article 47 of the Constitution of India and Section 24 of the Constitution of Jammu and Kashmir mandates the State to take every effort to safeguard and promote the health of the people and impose an obligation on the State to curb the sale and consumption of liquor is responsible for deteriorating of public health.
The Excise Commissioner, J&K Government, filed reply stating that the trade of liquor is regulated in the State of Jammu & Kashmir under the Jammu and Kashmir Excise Act, 1958 and the rules framed there under. “For opening a liquor shop or for manufacturing the liquor/beer the persons desirous of trading in the commodity are required to apply before the Excise Commissioner as per the said Act and Rules who is the competent authority to grant license after completion of the requisite formalities and as per Rule 30 of the J&K Liquor License and Sale Rules, 1984”, reads the affidavit of Commissioner.
It is further stated in the reply that when steps are taken to stop drinking liquor by the citizens, it has encouraged bootlegging and spurious liquor has flourished apart from smuggling of liquor from other States and several deaths of poor consumers were reported.
“It will also lead to loss of revenue to the tune of Rs. 500 crore to the Government per annum from the Excise revenue and about Rs 300 crore towards Sales Tax to the State exchequer and the tourism will also be effected as the Government of Jammu and Kashmir is dependent upon the income from tourism. There will be loss of employment to at least 6000 persons who are involved in the trade at different levels and loss of transport as nearly 15000 vehicles perform freight work in the trade”, says the affidavit of Commissioner.
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