Prima Facie State Govt Liable To Pay Compensation To Kin Of Persons Who Die Due To Poisonous Liquor Consumption: Allahabad High Court

The Allahabad High Court has observed that the State Government, having complete control and regulation to manufacture and sale of liquor, is prima facie liable to pay compensation to the kin of deceased who die due to the consumption of Poisonous liquor.

The bench of Justice Surya Prakash Kesarwani and Justice Saurabh Srivastava observed that under the U.P. Excise Act, 1910 and Rules framed, the State Government has complete control and regulation to manufacture and sale of liquor, and thus, prima facie, they are also liable to pay a specified amount to the sufferer or successors of the deceased under the provisions of "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna" which provides for compensation on account of death or permanent disability due to poison etc.

With this, the Allahabad High Court prima facie observed that the state government is responsible to pay compensation to the victims in connection with an incident wherein nine people had died after consuming spurious liquor and one person lost his eyes.

In this regard, the Court referred to its 2021 ruling in the case of Oriental Insurance Co. Ltd vs. Uma Devi and 2 others and queried the Chief Standing Counsel with respect to the "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna". Further, the Chief Standing Counsel was granted two weeks' time to file counter affidavit to bring the legal position on record. 

Essentially, the Court was hearing the writ pleas filed by certain widows (Petitioner nos. 1 to 4 and 6 to 10) of those male persons who died due to consumption of poisonous country/foreign made liquor purchased from Licensed Retail Vend Country Liquor Shop.

Petitioner no.5 is the son of one Rikhraj Nishad who died due to consumption of poisonous liquor purchased by him from licensed Retail Vend Country Liquor Shop and Petitioner no.11 is the person who also purchased liquor from Licensed Retail Vend Country Liquor Shop and on consumption lost his eye's vision.

Now, it was submitted before the Court that all the consumers have purchased liquor from Licensed Retail Vend Country Liquor Shops which were sold by the licensees to them as branded liquor.

It was further told to the Court that as per charge sheet dated 2.8.2021 filed by the State under Section 60 (A) of U.P. Excise Act and Sections 419, 420, 467, 468, 471, 272, 273, 120B IPC, the licensed vendors and certain other persons were involved in manufacture and sale of poisonous liquor and sold it to large number of persons including the husbands/father of the petitioners herein resulting in either death of consumers or loss of eye vision.

Thus, it was argued that the husband/father of the aforesaid petitioners were sufferers due to consumption of poisonous liquor purchased by them from Licensed Retail Vend Country Liquor Shop.

In view of the theses submisisons, seeking the stand of the CSC, the Court observed thus:

"Thus primafacie, the State Government, having complete control and regulation to manufacture and sale of liquor under the U.P. Excise Act, 1910 and Rules framed thereunder; is also liable to pay specified amount to the sufferer or successors of the deceaseds under the provisions of "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna" which provides for compensation on account of death or permanent disability due to poison etc."

Case title - Rani Sonkar And 10 Others v. State Of U.P. And 3 Others [WRIT - C No. - 24481 of 2022]

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