JAGDISH PRASAD JAISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) A tragedy took place in Cuttack on 7th May, 1992. It was liquor tragedy; it was a man made tragedy. It is the magnitude of the tragedy (it took 124 human lives according to the State) which led all concerned to think how best it can be prevented. The Excise Department on its own took up this matter, as it ought to have, and a study was undertaken to find out whether there was anything wrong in the policy adopted by the State relating to grant of liquor licence which had led to the tragedy. The Department in right earnest got into the matter and first examined whether a case of prohibition exists for which demands were raised after the liquor tragedy. A Cebinet memorandum, which is available to us as Annexure 9, states that the policy of prohibition in the State was not found acceptable because of the reasons contained in that annexure to which we do not propose to advert as we are not concerned with that policy in the present batch of cases. But then, a hard thinking was done on the question of adoption of what has been described in the memorandum as 'O. S. and C. S. system' (O. S. stands for out stilled system and C. S. for country spirit system). The memorandum has mentioned eight points on the comparative merits and demerits of the system. Ultimately, the Department proposed to introduce O. S. system in three more districts, namely, Sundargarh, Keonjhar and Mayurbhanj, which would be in addition to Sambalpur, Bolangir and Kalahandi districts and Boudh Sub -division of Phulbani district. This is the first decision which the Department arrived at. This thinking of the Department is contained in the aforesaid memorandum dated 10 -2 -199.3, which indeed is a codification of what had been the Department's view on the subject. We have said, so because from Annexure -1 dated 24 -12 -1992, we find that what has been mentioned in the aforesaid memorandum had in fact been accepted as the policy of the Government for the year 1993 -94 by December, 1992.(As to this, it may, however, be stated that from the perusal of departmental file which was made available to us, we found that this policy decision, though taken with the consent of the Chief Minister, was made subject to approval by the Cabinet).

(2.) ANNEXURE -11 is a communication from the Principal Secretary to the Government in the Revenue and Excise Department and is addressed to the Excise Commissioner of Orissa and states that the out stilted system shall be introduced in the aforesaid districts during the year 1993 -94. It would be necessary to know what are the reasons for the adoption of the aforesaid policy, of which mention has been made in Annexure 6, which is a proposal emanating from the Excise Commissioner containing the following grounds : 1. Mahua flower is available in adequate quantity in these districts. 2. These districts are mostly inhabited by tribal people.

(3.) IN absence of alternative utilisation of Mahua flowers, which are available in abundance, they go into the hands of illicit distillers.