ANUKUL CHANDRA PRADHAN AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two cases involve common questions of fact and law; the relief claimed in the cases is same. As such, with consent of learned counsel for the parties they were heard together and they are being disposed of by this judgment.

(2.) The petitioners have filed these applications under Articles 226 and 227 of the Constitution of India challenging the excise policy of the State Govt. for the year 1992-93 (Annexure 2 in O. J. C. No. 1114 / 92) in general and reintroduction of the crude out-still system for preparation of country liquor in particular. They have prayed for quashing the said decision being illegal and unconstitutional.

(3.) The gist of the case of the petitioners is that the outstill system of preparation of country liquor is unhygienic and harmful for health of the consumers. According to the petitioners country liquor made out of mohua flowers is immensely harmful for health of the consumers who mostly belong to tribal section of the population. This system which was previously prevalent in different parts of the State was given up in the excise policy for 1991-92 as it was harmful for the health of consumers. The petitioners allege that due to pressure exerted by certain influential liquor manufacturers, the State Government reintroduced the said system in the policy for 1992-93. According to the petitioners the State Govt. has become insensitive to the public criticism and protects against re-introduction of the system and has succumbed to the pressure of the influential lobby supporting country liquor manufacturers. The petitioners have also challenged the Government decision to open more country liquor shops with a view to augment government revenue. Such decisions, the petitioners contend is against provision of Article 47 of the Constitution. By increasing the number of outlets for country liquor people in the locality will be encouraged to consume more liquor which will be harmful for their health and detrimental to social life. It will also affect the prosperity of the people and economy of the area who are largely dependent on agriculture. The petitioners have averred that if the State Government desires to help the tribal people then it should have found other ways of utilising mohua flower collected by tribals which would have benefited them without affecting their health and their family life. The State of Orissa represented by Secretary in the Revenue and Excise Department and the Excise Commissioner are impleaded as opposite parties in the writ petition.