KANAKA DURGA WINES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Intoxicating drinks, a much desired beverage, a favourite topic of poetry in oriental countries, a routine drink and indispensable item of parties and dinners in occidental countries, have nonetheless been subject of controversy from time immemorial. Their virtues and vices have been debated by the addicts and the reformists for ages. Some religions prohibited their use on the ground of their predominantly delirious effects which outweigh the pleasure, enjoyment and benefits, if any, of the drinks. Though the petitioners have placed some material on record to show that all intoxicating drinks are not injurious to health and that some drinks like beer, draught beer have good nutrition value and that some others, if taken in small quantities, not only have no delirious effect but also have many advantages and the State relied on some literature to show that intoxicating drinks are injurious to health, we are not inclined to discuss these aspects inasmuch as our constitutional framers imposed a duty on every State to endeavour to bring about prohibition of the consumption except for medicinal purposes of the intoxicating drinks and of drugs which are injurious to health as one of the Directive Principles of the State Policy by including it in Article 47 (Part-IV) of the Constitution of India.

(2.) In the composite State of Madras an attempt was made to bring about the prohibition of the consumption of intoxicating drinks by enacting the Madras Prohibition Act, 1937 (Madras ActX of 1937). The Bombay Prohibition Act, 1949 (Act XXV of 1949) was another attempt in the pre-constitutionalera to introduce prohibition but that attempt also was not successful. In discharge of that constitutional mandate many States implemented the policy of prohibition by banning consumption of intoxicating drinks. We learn, there is total prohibition in the States of Gujarat, Rajasthan, Delhi and partial prohibition in the States of Tamilnadu and Uttar Pradesh. In our State the manufacture, sale and consumption of intoxicating liquors were prohibited by making the Andhra Pradesh (Andhra Area) Prohibition Act, 1937 applicable to the erstwhile State of Andhra By Andhra Adaptation Act, 1953. Later, after formation of Andhra Pradesh, that Act was applicable only to the Andhra area of the State. But in the whole State the production, manufacture, possession, transport, purchase and sale of intoxicating liquor are regulated by the Andhra Pradesh Excise Act, 1968, hereinafter referred to as 'the Excise Act'. Licences were granted for manufacture of liquor and for sale; however, no permit was required for consumption of intoxicating drinks under the Excise Act.

(3.) There was an unprecedented agitation, commonly known as 'the antiarrack agitation' by the women of this State, which started from Nellore District, demanding that the Government should impose ban on the manufacture, sale and consumption of intoxicating liquors. Their agitation resulted in the then Government constituting a Cabinet Sub-Committee in G.O. Rt. 4362, G.A.D., dated 12-10-1992, which may be regarded as the first step in implementing the prohibition policy, inter alia, to analyse the reasons for the said agitation and to outline the steps that can be taken to meet the demands. On receipt of the report of the Sub-Committee dated November 27, 1992, the Government decided that its ultimate objective would be to have total prohibition and issued orders indicating the future course of action in G.O.Ms. No.402, Revenue (Excise-II) Department, dated April 24, 1993.