J ASHOK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are all consumers of arrack. Admittedly, they all claim to be poor labourers who cannot afford to purchase arrack in the course of a day for consumption more than 30 or 60 M.Ls. THE restriction now imposed on the licenced retail dealers of arrack in the District of Mangalore determining the minimum quantities that is to be sold fn bottled at 100 M.Ls. Is claimed to affect their fundamental right. THErefore, the petitioners have prayed that this Court may issue a direction to respondent State Excise Commissioner and the Deputy Commissioner, (Excise) D.K., to remove that restriction and permit the licenced arrack retailers to sell arrack in lessor quantities than 100 M.Ls. bottle.

(2.) I do not think the petitioners have a fundamental right to consume potable alcoholic liquor as this Court has rightly observed in more than once case. The Supreme Court has ruled that the regulatory powers exercised by the State in production, distribution and consumption of alcohol is in the nature of police power exercised in respect of a dangerous commodity to society. See Covverjee B. Bharucha, v Excise Commissioner and The Chief Commissioner Ajmer and others, (reported in 1954, Supreme Court, Pag9 220), This has been reaffirmed by the Supreme Court in 1975. Therefore, any restriction imposed by the respondents in regard to production, sale, distribution and consumption of illicit liquor is within that police power and this Court cannot issue any direction of the type orayed for by the petitioners. Petition is dismissed.