Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Liquor: National Highways and State Highways - Drink and drive accidents -Alarming statistics - Policy 011 removal of retails oullets for liquor on national and state highways across the country adopted by Union Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Liquor: National Highways and State Highways - Drink and drive accidents -Alarming statistics - Policy 011 removal of retails oullets for liquor on national and state highways across the country adopted by Union Government - Challenged - Held: Court must accept the considered view formed by expert body as same was based 011 statistics and data which made out a consistent pattern year after year - The existence of liquor vends; advertisements a11d sign hoards drawing attention to the availability of liquor coupled with the arduous drives particularly in heavy vehicles makes it ahunda11tly necessary to enforce the policy of the Union government to safeguard human life - Constitution of India - Art.47 - Public health. Exclusion of stretches of National Highway and State Higln-11ays which fall within the limits of municipal or local authority from the ambit of prohibition - Propriety of - Held: Where National or State Highway passes through a city, town or through the area of iurisdiction of a local authority, it would he illogical to allow the sale of /iqour along that stretch of the Highway - Such an exclusion would defeat the policy since the presence of liquor shops along such stretches of a National or State Highway would allow drivers to replenish their stock of alcohol, resulting in a situation which the policy seeks to avoid in the first place - Once it is an accepted position that the presence of liquor vends along the highways poses a grave danger to road safety an exception cannot he carved out to permit the sale of liquor along a stretch of the Highway which passes through the limits of a city, town or local authority - Such a11 exception would he wholly arbitrary and violative of Art.14 - Constitution of India - Art.14.Highways - National/State Highways - Location of liquor shops - Held: No distinction can be made between National and State Highways in regard to the local ion of liquor shops - It would defy common sense to prohibit liquor shops along National Highways while permitting !hem on State Highways - The prohibition should extend not merely to the National and State Highways but must be so appropriately tailored so as to ensure that !he policy is not defeated by locating liquor shops even in close proximity of the Highway - A restriction that the shop should not be acceMible or visib!e from the National or State Hig/nvays or fi·om a service lane along such highways is necessary to ensure I hat the policy is not surreptitiously violated. Licence for liquor shops - Held: No licences for liquor shops should be allowed both on the National and State Highways - Moreover, in order to ensure that this provision is not defeated by the adoption of subterfuge, no exception can be carved out for the gram of liquor licences in respect of those stretches of the National or State Highways which pass through the limits of any municipality corporation, city, town or local authority - Necessary safeguards must be introduced to ensure that liquor vends are not visible or directly accessible from the highway within a stipulated distance of 500 111etres from the outer edge of the higlnff1y; or fi·om a service lane along the highway. 245 A B c D E Motor Vehicles Act, 1988: s.185 - Object of - Held: s.185 is indicative of a parliamentary intent to follow a zero tolerance policy towards driving under the influence of alcohol. Constitution of India: Art.19(1 ){g) -There is no funda111ental right under Art.19(1)(g) to trade in liquor - Liquor has been regarded as res extra co111111ercium. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 302 |
Petitioner | The State Of Tamilnadu Rep. By Its Secretary Home, Prohibition & Excise Dept & Ors. |
Respondent | K. Balu & Anr. |
SCR | [2016] 11 S.C.R. 244 |
Judgement Date | 2016-12-15 |
Case Number | 12164-12166 |
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