Illegal Sale Of Liquor Contrary To Delhi Excise Act Big Menace, Needs To Be Curbed With Heavy Hand: High Court

The Delhi High Court has recently observed that “bootlegging and illegal” sale of liquor, contrary to the provisions of Delhi Excise Act, is a big menace to the society and needs to be curbed with a heavy hand.

Justice Anoop Kumar Mendiratta dismissed the petition filed by a woman seeking quashing of an externment order passed against her by the Additional Deputy Commissioner of Police for a period of two years.

She also challenged the order passed by the Lieutenant Governor reducing the period of externment from two years to one year.

Proceedings were initiated against the woman on the basis of her involvement in three FIRs under Delhi Excise Act. The activities of the woman were stated to be menace and hazardous to the community.

Rejecting the petition, the Court observed that externment proceeding is not a prosecution for offences in a strict sense but is a measure to prevent the repeated commission of offences by the proposed externee and to break the nexus.

It further noted that the woman was also classified as a Bad Character of Bundle-A and the witnesses were not forthcoming in open to depose against her.

“The acts of repeatedly indulging in bootlegging and illegal sale of liquor, on face of record, cause alarm or danger to the society at large and reflect that the petitioner is of desperate and dangerous character. In view of above, petitioner being at large in NCT of Delhi or in any part thereof, is apparently hazardous to the community,” the court said.

It added: “Thus, the subjective satisfaction of the Competent Authority that the acts of the proposed externee fall within ambit of Section 47 of D.P. Act, does not call for any interference.”

Justice Mendiratta concluded that there was no violation of principles of natural justice as due notice was given to the woman and opportunity was granted to cross-examine the witnesses.

“The authorities cited by learned counsel for the petitioner are distinguishable. A compassionate view has already been taken by the Appellate Authority (i.e. Hon'ble Lieutenant Governor of NCT of Delhi) by reducing the period of externment from two years to one year, and same does not call for further interference by this Court,” the court said.

Title: MS. MONIKA v. STATE NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 1103

Click here to read order