Allahabad High Court Dismisses Plea By Lawyer Seeking Home Delivery of Liquor

The Allahabad High Court has dismissed a PIL which sough a direction to the State for framing necessary policy for home delivery of liquor.

A Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Subhash Chandra Sharma noted that the petitioner did not cite reasons like avoiding overcrowding rather it relied on argument of increase in revenue of the State.

"Petitioner has shown its concern to increase the revenue of the State and other aspect which includes purchase of liquor even by those who may be shy in making purchase from the shop. The reasons given is not to avoid overcrowding or to maintain social distancing to follow the Covid-19 protocol rather it is for different reasons then observed by the Apex Court", said the Bench.

Advocates Bharat Pratap Singh and Shivam Shukla, appearing for the petitioner argued that certain State Governments had issued notification to allow the delivery of liquor online.

It was further submitted that this decision of the states was in pursuance of the observations made by the Supreme Court to consider non-direct sale including online/home delivery of liquor to avoid over-crowding and to maintain social distancing norms in terms of Covid-19 guidelines.

The Chief Standing Counsel for the State of UP opposed the petition and submitted that the prayer made was in reference to a policy decision and presently the Government was not inclined to allow online sale of the liquor with home delivery.

"The permission to sale liquor online by few States was in the era of Covid-19 when it was on peak and was to avoid over-crowding on the shops. There is nothing on record to show over-crowding on the shops in the State of Uttar Pradesh and now the peak of Covid-19 and its second phase has gone", he argued.

A reference was also made by the CSC on the judgment passed in Kerala Bar Hotels Association v. State of Kerala and others (2015) and Hip Bar Pvt. Ltd. Vs. State of Karnataka where a similar prayer was declined. 

While relying on the submission and finding that the subject matter was of the policy of the State, the Court did not feel inclined to allow online sale of liquor.

Case Title: Gopal Krishna Pandey v. State of U.P. & Anr

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