High Court Refuses To Entertain Plea To Regulate Production & Consumption Of Intoxicating Drinks In Delhi

The Delhi High Court on Monday refused to entertain a petition moved by BJP leader and Advocate Ashwini Kumar Upadhyay seeking to prohibit or regulate the production, distribution and consumption of intoxicating drinks and drugs in the national capital.

Ashwini Upadhyay, who was appearing in person, stated before the Court that the liquor shops established in the city were near schools or hospitals or religious places and were established contrary to the provisions as contained under Delhi Excise Act, 2019 read with Delhi Excise Rules 2010.

At the outset, the Bench remarked "The statute is there and everyone has to follow the statute."

As the division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was not inclined to entertain the plea, Upadhyay prayed for withdrawal of the petition with a liberty to file fresh petition furnishing all details in respect of such liquor shops.

Accordingly, the Court ordered thus: "The writ petition is dismissed as withdrawn with the aforesaid liberty."

Stating that alcohol is hazardous to health and affects the Right to live in a clean, hygienic and safe environment protected under Article 21 of the Constitution, the plea had sought a  direction to the government to publish 'Health Warning' on Liquor Bottles and Packages, alike the warning sign used on Cigarette packets. 

It had further prayed to advertise 'Health and Environment Hazard' of intoxicating drinks through electronic, print and social media in order to secure citizen's right to know, right to information and right to health.

The plea alleged that rather than taking steps to prohibit/ control production, distribution and consumption of intoxicating drinks and drugs, the State government has made Delhi as 'Liquor Capital of India'. 

The plea claimed that in 280 wards in the city, there are a total of 250 liquor shops and under the New Liquor Policy, State government was planning to drastically increase this number.

"The Delhi government has been granting license to open liquor shops not only in residential areas and main markets but also near hospitals, schools and temples under garb of providing easy access to liquor shops," it was alleged.

Reliance was placed on Article 47 of the Constitution, to highlight that the State is obligated to prohibit consumption of liquor or drugs.

Case Title: Ashwini Kumar Upadhyay v. Union of India

Citation: 2022 LiveLaw (Del) 600