Society In Which Earning Members Are Addicted Will Naturally Suffer Economically And Socially: Bombay High Court

A society in which the earning member of the family is addicted, would naturally suffer economically and socially, the Bombay High Court observed recently while upholding the detention of a woman on the ground that she was manufacturing illegal liquor.

A division bench of Justices Bharati Dangre and Manjusha Deshpande held that the Detaining Authority, in the instant case, rightly formed its opinion that the activities of the petitioner - Saraswati Rathod, were prejudicial to maintenance of public order.

"The Detaining Authority was subjectively satisfied that the petitioner is a bootleggar and have been regularly indulging in production and sale of country-made liquor, her activities resulting in causing and calculated to cause widespread danger to life and health of people in the vicinity, as many persons have been addicted to drinking illicit country-made liquor sold by her. A Society in which the earning members of the families are addicted, naturally suffer financially, socially and otherwise and such business of manufacturing country-made liquor and supply it to the people at large and making them addicted, definitely prejudicially, affects the maintenance of public order," the order passed on June 30, but made available on Tuesday, states.

The judges relied on the statements of the witnesses, who testified about the petitioner and her activity of carrying out illicit business of liquor in the area, and also that she was visited by criminals, labours for the consumption of the distilled liquor. Both the witnesses categorically stated that if anyone complained about her liquor business, she threatened and thrashed the said person, and therefore, no one was coming forward to lodge a complaint against her openly.

"The act of the detenu as per the statement of the witnesses that she created a reign of terror in the minds of common people and in light of the aforesaid circumstances, we are of the firm view that the order of detention asked by the Commissioner of Police, Pune do not warrant any interference by upholding the Writ Petition and the same is, dismissed," the judges said while dismissing the plea.

The bench was dealing with a plea filed by one Saraswati Rathod, challenging her detention order passed on September 1, 2023. The Detaining Authority had ordered the detention under the relevant provisions of the Maharashtra Prevention Of Dangerous Activities Of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons And Video Pirates Act, 1981. The authority cited several cases lodged against the petitioner for her bootlegging activities and relied on the most recent one registered under the Maharashtra Prohibition Act in April 2023.

The authority majorly highlighted the fact that the liquor illegally manufactured by the petitioner contained 24 per cent Ethyl Alcohol.

Case Title: Saraswati Santosh Rathod v. Commissioner of Police Pune City and Ors

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