GOVERNMENT OF MAHARASHTRA Vs. DEOKAR DISTILLERY

JUDGEMENT

(1.) I regret to be unable to persuade myself to concur with the opinion of my learned brother Hon'ble Dr. Justice AR. Lakshmanan for whom I have the highest respect.

(2.) Concededly a citizen of India in view of a catena of decisions of this Court has no fundamental right to carry on trade or business in potable liquor. The State indisputably has a right to regulate or prohibit business in potable liquor as a beverage or otherwise keeping in view the fact that the same is dangerous and injurious to health and is, therefore, an article which is res extra commercium being inherently harmful. The State is, therefore, entitled to completely prohibit a trade or business in liquor and create monopoly either in itself or in an agency created by it or take over such activities itself. For the purpose of selling the licence it can adopt any mode with a view to maximise its revenue so long as the method adopted is not discriminatory.

(3.) However, when the State permits trade or business in potable liquor, the citizen has the right to carry on trade or business subject to the limitations, if any, and the State cannot make discrimination between the citizens who are qualified to carry on the trade or business. [See Khoday Distilleries Ltd. v. State of Karnataka (1995) 1 SCC 574].