The Supreme Court has decided to examine a plea by Puducherry-based liquor outlet to clear the haze on the minimum distance liquor vends need to maintain from religious or educational institutions in municipal areas.
A three-judge Bench headed by the Chief Justice of India D.Y. Chandrachud issued notice on a petition filed by Alankar Wines of Puducherry, represented by advocates P.B. Suresh and Vipin Nair, which said the issue was “vexed”. Liquor outlets face the brunt of the uncertainty. Confusion prevails in many States, including Puducherry. Alankar Wines is facing closure, the plea claimed.
The Attorney General of India has agreed to appear for the Puducherry Government in the case. The petitioner said the plea has been filed in the apex court on the basis of a special liberty given by the Madras High Court on the point of law.
The Bench scheduled the case for hearing after four weeks.
The Supreme Court has pronounced a series of judgments from 2016 on where liquor shops ought to be ideally located. It had continuously modified these judgments in later verdicts.
In December 2016, in the case of Tamil Nadu Vs. K. Balu, the apex court had prohibited liquor outlets within 500 m of a national or State highway or of a service lane along the highway.
In March 2017, the court brought down the distance from 500 metres to 220 metres in local body areas with a population of 20,000 people or less.
The court then, in July 2017, in a case titled Arrive Safe Society of Chandigarh Vs. Union Territory of Chandigarh, said it had never prohibited licensed establishments within “municipal areas”.
Just months later in November 2017, the court, in a separate order, explained that the July 2017 order would apply to “all municipal areas, wherever situated”.
Finally, in February 2018, the court left it to the discretion of the State government concerned to determine the location of liquor vends in their municipal jurisdictions, and left it open for individual licensees to submit their representations to the competent authorities.
The plea said that the allegation against the petitioner establishment is that it has violated the Puducherry Excise Rules, which prohibit liquor outlets within 50 metres of religious or educational institutions in municipal areas and 100 metres in other areas.
Alankar Wines argued that it is not located in a prohibited zone. In fact, the government’s own liquor beverage unit (PAPSCO) had been operating at the same location between 2017 and 2022.
“Clarify the position regarding the minimum distance required for a licensed liquor establishment to conduct its business,” the petitioner urged the Supreme Court.
